Buffalo Trampoline Accident Lawyers
Jed Dietrich, Esq. and His Team of Lawyers and Paralegals at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for People Injured on Trampolines
During the summer, parents want their kids to go outside and play. However, parents should think twice about buying a trampoline for their children. Simply stated, trampolines are dangerous. The American Academy of Orthopaedic Surgeons reports that there were approximately 286,000 medically treated trampoline injuries in 2014.
In a 2012 Policy Statement, the American Academy of Pediatrics directed pediatricians to “counsel their patients and families against recreational trampoline use.”
A trampoline accident can cause life-changing injuries. You, and your loved ones, deserve the best personal injury lawyer in Buffalo, New York after an accident on a trampoline. Jed Dietrich, Esq. and his top rated team of Buffalo, New York trampoline accident lawyers have settled $150,000,000.00 on behalf of their clients. We will battle to obtain the best possible result for YOU!What Causes Trampoline Injuries?
Trampoline injuries are commonly caused by:
- Too many people using a trampoline at the same time. When more than one person jumps on a trampoline mat at a time, injuries such as concussions, sprains or broken bones can occur. Injuries often result from:
- Jumpers colliding with one another;
- One jumper falling on top of another, especially a smaller child; and
- Rough play between the jumpers.
- Double-jumping on the trampoline. Double-jumping, also referred to as double-bouncing, is when jumpers are out of sync—one person jumps while the other lands. As a result, one person can be propelled higher by a second person. Double-jumping can result in sprains or broken bones in the foot, ankle or leg.
- Falling or jumping off of the trampoline. Falling or jumping off of a trampoline, either accidentally or on purpose, can result in head and brain injuries; neck, back and spine injuries; broken and dislocated bones; or even death, as a result of landing wrong on a hard surface. These injuries can still result even though protective devices such as netting are in place.
- Failed attempts at somersaulting or flipping on the trampoline. Both experienced and inexperienced gymnasts can land wrong and cause injuries to their head, neck and limbs.
If you, or a loved one, were seriously injured on a trampoline, contact Jed Dietrich, Esq. and his top rated team of trampoline accident lawyers in Buffalo, New York at the Dietrich Law Firm P.C. for a free consultation. Jed Dietrich, Esq. and his team of Buffalo, New York injury lawyers can be reached 24 hours a day, 7 days a week at (716) 839-3939. We will come to you and there is never a fee until we WIN for you.Trampoline Use And Assumption Of Risk
In the 2017 case of DeMarco v. DeMarco, the New York State Appellate Division, Third Department, upheld a $800,000 verdict for a 48-year-old woman who was injured on a trampoline.
In DeMarco v. DeMarco, the plaintiff broke bones in her left foot, which required several surgeries, as a result of being thrown off balance by her nephew’s double-jumping. The plaintiff sued the homeowners, her brother and sister-in-law, to recover money damages for her injuries. The trial court gave a jury instruction on implied assumption of risk and the jury returned a verdict in favor of the plaintiff.
The legal theory of assumption of risk, or “primary” assumption of risk, prevents a person from suing for their injuries caused by their informed, voluntary participation in an activity they knew to be dangerous.
On the other hand, implied assumption of risk does not prevent a person from suing for their injuries. This means that an injured person can still sue for money damages even though they willingly participated in an activity they knew may be dangerous.
On appeal, the Appellate Division explained that primary assumption of risk, which prevents a person from suing for damages, should be limited to specific cases “such as personal injury claims arising from sporting events, sponsored athletic and recreative activities, or athletic and recreational pursuits that take place at designated venues.” Jumping on a home trampoline was not included in this narrow category.
Although you may have known that a trampoline could be dangerous at the time, if you were injured on a trampoline, you may be entitled to compensation. Call Jed Dietrich, Esq. and his superb and elite team of Buffalo, New York trampoline accident lawyers at (716) 839-3939 today to preserve your rights.How Can I Prevent Trampoline Accidents?
If you do have a trampoline, you can and should take precautions to protect children and prevent accidents.
The American Academy of Orthopaedic Surgeons, the American Academy of Pediatrics and other experts have compiled several suggestions in an effort to reduce the number and severity of trampoline-related injuries. The following may help increase safety and prevent trampoline accidents:
- Install protective padding and netting. A trampoline owner should install protective padding, over the frame and springs of the trampoline, and a trampoline enclosure, a net that surrounds a trampoline, to lessen the chances of injury and falls. Padding and netting should be in good condition and regularly checked for tears, corrosion, deterioration and other signs of damage that may reduce its effectiveness. If damage does occur to these devices and cannot be repaired or replaced, the trampoline should be discarded.
- Place the trampoline at ground level. Whenever possible, a trampoline should be at ground level. Falls from raised heights can cause greater injuries. If not ground level, trampolines should be located on a level surface in a cleared area.
- Do not allow somersaulting or flipping on the trampoline. Performing somersaults and flips puts jumpers at an increased risk of injury. Particularly to the head, neck and spine. Somersaults and flips should only be performed with proper safety equipment, under the supervision of a trained adult.
- Allow only one jumper at a time. Most trampoline injuries occur when multiple people are jumping on the mat at the same time. Injuries often result from rough play, heads colliding or one jumper landing on top of another. Children under the age of 6 are particularly at risk of injury when multiple people are using the trampoline at the same time.
- Supervise jumpers at all times. A supervising adult should make sure that the trampoline equipment is in good condition and that jumpers are behaving safely. When the trampoline is no longer in use, an adult should remove any access ladders and make sure any fences surrounding the trampoline are securely locked.
Unfortunately, even if all of the above suggestions are followed, trampoline accidents can still happen and injuries can result. If you, or a loved one, were injured on someone else’s trampoline, contact the top rated and superior Buffalo, New York injury attorneys at the Dietrich Law Firm P.C. today at (716) 839-3939 so that we can help you. Jed Dietrich, Esq. and his elite team of Buffalo, New York trampoline accident lawyers are always working to provide you with superior personal injury representation.Insurance Coverage For Trampoline Accidents
A trampoline is considered an attractive nuisance. In general, an attractive nuisance is something dangerous that a child would find fascinating, enticing them to enter onto your property. The law recognizes that a child may not understand that a trampoline is dangerous, and therefore a property owner with a trampoline can be held legally liable for any injuries that result from use of the trampoline. This even includes neighborhood children who wander onto your property.
Many, but not all, insurance companies cover trampolines under a homeowners policy. Homeowners insurance provides a property owner with liability coverage against accidents that occur in the home or on their property, such as a trampoline accident.
Often, coverage is conditioned upon meeting certain requirements such as:
- Having a safety net surrounding the trampoline;
- Anchoring the trampoline to the ground; and/or
- Fencing in the yard.
Some insurance companies exclude trampoline coverage and purchasing a trampoline could result in cancellation of your coverage.
To determine whether you have insurance coverage for your trampoline, it is best to contact your insurance agent or representative today. Trampolines can result in serious injuries, so you should always be protected. Additional information regarding common insurance companies that offer coverage for trampolines can be found here.
If you, or a loved one, were injured on a trampoline, you want to select the best personal injury lawyer in Buffalo, New York to fight for you. Jed Dietrich, Esq. and his team of elite and top rated trampoline accident lawyers in Buffalo, New York are always fighting to obtain the best result for you. Contact the Dietrich Law Firm P.C. NOW at (716) 839-3939 so that we can help you.
Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!