Trampolines are loads of fun, but they also come with some inherent dangers. If your child was hurt on someone else's trampoline, you might be wondering if you have a right to pursue a claim. The answer is yes and no depending on whether there was obvious negligence (like lack of parental supervision) and who the trampoline belonged to.
Negligence that Leads to Injuries on a Trampoline
If your child is seriously hurt on a trampoline, the first question you need to ask is "Was there negligence involved?" Negligence means that someone - namely the supervising parent - did something to enable the injury. Perhaps they encourage your child to try a dangerous stunt, took down the safety nets or set the trampoline up in a dangerous area.
In order for you to pursue a claim for compensation, you'll need to be able to establish negligence. If no one else is to blame for the accident, then you won't have a strong case.
Who's Going to Pay For This?
There's a common concern I hear from new clients - they know they can't afford to pay their child's medical bills on their own, but they're worried about suing the trampoline's owner, usually a neighbor or a family friend.
I'll tell you what I tell them. First, you aren't maliciously "suing" the family, you're filing a claim against their insurance company (and their insurance company is the one who will pay your child's medical bills). On that same note, trampoline injury claims are made using homeowner's insurance. The families rates won't go up when you file a claim against them because homeowner's insurance is done by region (rather than on a case by case basis).
It's important to remember that this is why we have insurance in the first place - to use it! If your child was hurt in a trampoline accident and it was someone else's fault, it's your right to pursue a claim for compensation for their medical bills, pain and suffering.
What Will the Insurance Company Pay For?
After an accident like this, the insurance company will pay for your child's medical bills. If your child was seriously injured and will need ongoing medical treatment in the months or years to come, insurance will pay for it. If your child was severely scarred or disfigured as a result of the accident, insurance will pay the child for it. Similarly, insurance sometimes compensates accident victims for their pain and suffering.
In order to recover any of this money from the insurance company, you'll need to construct a solid case. You'll have to gather and present evidence that supports your claim that someone else caused the trampoline accident, and that accident caused your child's injuries, and those injuries have had a serious negative impact on your child's life.
To learn more about the importance of evidence in a personal injury claim, read this article.
How an Attorney Can Help
Children bump their heads and scrape their knees everyday, and most of the time you don't need a lawyer to help sort it out. However, trampoline injuries can be very serious - if your child was hurt on a trampoline and you now face thousands of dollars in medical bills, you could have a case. At this stage, I always advise people to consult with an attorney to go over their rights and hear their options. The first consultation should be free.
If you live in the Fort Worth area and you'd like a free consultation with a Board Certified attorney, don't hesitate to contact us. We have over 40 years combined experience handling child injury cases and can help get you moving in the right direction.
Not sure if hiring a lawyer is right for you? Read my article, How Do I Know If I Need a Lawyer?
If your child or a loved one has been injured on a trampoline, call the personal injury lawyers at the Anderson Law Firm in Fort Worth. If the injury was caused by the trampoline owner's negligence, you might have a claim and could be compensated for medical bills and pain and suffering. Call us today for a free case consultation. 817-294-1900 or 214-327-8000.
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