Whether it was trampoline park, indoor amusement center, waterpark, or any other family-focused facility, when you arrived at the property, you expected a day of family fun. What you did not expect was to end the day with an injured child. Unfortunately, incidents at these businesses are all too common, and even worse, far too commonly the owners of these businesses try to do everything in their power to forgo responsibility.
Liability Release Waivers Have Gray Areas
You likely signed a waiver before you entered the facility that released the business from fault in the event of an injury. Keep in mind that rarely are these waivers absolutely black and white; there is always a grey area. If the owner, operator, or any employee of the business did not do their part to prevent your child's injuries, the liability release can easily be discarded.
Assessing Self-Prevention
These businesses are often able to absolve themselves of guilt whenever the child victim, or their adult caregiver, could have done something to prevent the injury. For example, if the sign stated that you were not to lean on the trampoline net, and the child did and fell, the business may not be responsible. Try to replay the incident back in your mind to see if there is any form of self-prevention the business can use against you.
A Duty to Protect Exists
Any family-focused activity center has an increased duty to protect its patrons. For example, these centers have to make sure that barriers are not climbable by young children, that dangerous areas have child locks or other blocking measures in place, and that the entire facility is child-proof. When a business does not honor this duty, it does not matter if your child may have played a part in the injury, the duty to protect always rest on the business, so they can be found liable.
Get to the Bottom of the Accident
If your child is hurt, you must have someone on your side who will get to the bottom of the incident. A personal injury attorney can review the facts surrounding the incident, your child's injuries, the response of the business, and every other element of the incident to find out who is to blame. If the business is found to be at fault, even partly, an attorney will work on your behalf to ensure your family receives the compensation they deserve.
Make sure you take steps to protect your child as soon as possible.
