Below is a question regarding an accident at a PA trampoline park.
My 5 year old son went to a birthday party at an indoor trampoline park in PA, and he fractured his ankle after a teenager crashed into him in an area specifically designated for younger kids. Is there something we can do? I was told by a friend that if I signed the waiver at the trampoline park, my son assumed the risk of being hurt and that I can’t sue. Is that true?
Answer: No, that is completely untrue. You may still sue even though you signed a waiver form for your son. However, you could only file a case on behalf of your son; the waiver applies only to you. If the trampoline park’s negligence led to your son’s accident injuries, the waiver form would not have any effect on your son’s right to sue in PA. In other words, if the trampoline park was at fault and caused the accident, it cannot escape liability just because you signed a waiver form.
Of course I would need to know all of the facts surrounding your son’s accident in order to properly evaluate the viability of your son’s case. For instance, I would need to know whether there were employees standing in the area where your son was. In trampoline parks, there are usually designated areas for young kids. In those areas, an employee needs to be there to make sure that older kids do not go in that area. In addition, they are probably required to stand there to make sure the kids are practicing safe jumping.
If there was supposed to be an employee at the area where your son was, and the employee wasn’t there, the indoor trampoline park may be liable because it did not properly supervise that area.
A related issue is the statute of limitations. Because your son is a minor, you would have to sue on your son’s behalf as his parent. If you file suit on behalf of your son, you would have to do so within 2 years of the date of the accident. The other option is to let your son file his own lawsuit when he turns 18. In Pennsylvania, injured minors may file their own lawsuits after turning 18. However, they must do so within 2 years of turning 18. In your son’s case, it is probably best to sue on his behalf because he is so young. It would be difficult to investigate the circumstances surrounding your son’s accident 13 years from now.
Feel free to call my office to schedule a FREE consultation. I would be more than happy to talk to you and answer your questions. 877.944.8396