My child was injured a trampoline center and I signed a waiver. Do I still have a case?
Many times parents bring their children to commercial amusements, such as trampoline jumping centers, gyms, and other activities involving physical risks. Usually the facility requires that a waiver of liability be signed by the parent. The waiver usually states that the facility is not liable for any injuries sustained by the minor, even if the injury is the result of negligence by the facility.
Does the waiver bar a parent from bringing a claim against the facility for injuries resulting from the negligence of the facility? The answer depends on the nature of the facility. If a parent signs a waiver for an activity stemming from a community or school supported activity, the waiver will normally be valid as a matter of public policy. However, if the activity is a commercial activity, such as a trampoline center, gym, water park, etc., then the waiver is likely invalid, and the injured child’s parents would be able to bring a claim on behalf of their child.
The moral is: if your child is injured at a commercial play activity, do not assume that because you signed a document saying that you cannot sue the facility, that you are prohibited from bringing a claim. If you have any questions, contact us at Dell & Schaefer and we will advise you if you do have a valid claim.