If you’re the parent of a kid between the ages of 2 and 15, it’s a guarantee you’ve been to a trampoline park. These popular destinations are found throughout Ontario and are a great place for families to relax indoors, have a birthday party, or enjoy some thrills.
With multiple trampolines forming free area jump zones, foam pits, trampoline dodgeball courts, trampoline basketball courts, and American Ninja Warrior-style obstacle courses, they promise endless hours of fun. But behind the fun is a very real risk – injuries happen, and often they’re serious. So, what happens when someone gets hurt? Can you sue? And who’s responsible?
The Reality of Trampoline Park Injuries
Trampoline-related injuries have surged over the last decade. While trampolines used to be mostly backyard fun, the popularity of indoor trampoline parks like Sky Zone, Air Riderz and Flying Squirrel has created a new category of risk. These parks often encourage multiple people jumping close to one another, flips, and stunts that dramatically increase the chance of collisions, awkward landings, or falls into shallow foam pits. Beyond that, trampoline dodgeball and basketball often have contact between the participants.
Trampoline Park injuries can range in severity, from minor sprains to mid-level injuries like broken bones and serious injuries like concussions, spinal injuries, and even paralysis. And it’s not just children getting hurt. Adults are just as likely to suffer serious injuries when proper precautions aren’t taken. Due to the large numbers of participants and the nature of trampoline usage being a high-risk activity, trampoline parks experience higher rates of fractures and hospitalizations compared to home trampolines.
Understanding Liability: Who Can Be Held Responsible for Trampoline Park Injuries?
If you or a loved one was injured at a trampoline park, multiple parties could potentially be liable. The most common legal framework in Ontario for these claims involves two elements:
- Negligence and the Occupiers’ Liability Act
- Waivers of Liability
1. Occupiers’ Liability
In Ontario, the Occupiers’ Liability Act requires all businesses to maintain a reasonably safe environment for all visitors. So, with that in mind, a trampoline park as the “occupier” has a legal duty to ensure that:
- A) The equipment is safe and well-maintained.
- B) Hazards are identified and clearly marked.
- C) Staff are appropriately trained and actively supervising jumpers.
- D) Rules are posted and enforced.
- E) The layout of the park reduces the risk of collisions or accidents.
If a trampoline park fails to meet the duties above, resulting in someone being seriously injured, the park may be found negligent and liable for damages. For example, if a foam pit isn’t deep enough to safely absorb a fall when an individual jumps in, or if staff allow overcrowding on trampolines without adequate supervision, the park could be liable for any resulting injuries.
2. Waivers and Legal Grey Areas
Nearly every trampoline park requires guests or their guardians to sign a waiver before entering the location. These waivers contain language specifically written to release the park from all liability, even if the park’s negligence causes the injury.
But it is important to note that, regardless of signing these waivers, there still may be legal options if you suffer a serious injury. In Ontario, courts generally uphold waivers if they are straightforward, presented in a manner that gives participants an unrushed opportunity to read and understand them, not misleading or hidden in fine print, and clear as to the types of risks being waived.
That said, there are situations where waivers may not be enforceable. Some examples of this include situations where a waiver is signed in a rushed or distracted environment, or when a child is injured and a parent signs the waiver without a full understanding of the risks. This is also true if the waiver was poorly worded or buried in an online form with no real explanation, and if the injury resulted from reckless or grossly negligent behaviour by the staff or owners.
In other words, a signed waiver is not always the end of the road for an injured person’s case.
Realistic Injury Scenarios
Let’s create some realistic injury scenarios to understand how serious injuries can occur at a trampoline park:
Poorly Supervised Foam Pit
A teenager attempts a backflip into a foam pit, but it’s too shallow, and they land, hitting the bottom of the pit, resulting in them breaking their neck. If the pit was not up to safety standards or staff failed to intervene when unsafe activity was occurring, the park could be liable.
Negligent Layout or Overcrowding
Two children collide mid-air because too many people were allowed on one trampoline. If staff failed to limit jumpers, that could be grounds for a negligence claim.
Inadequate Safety Warnings
A guest tears their Achilles tendon during a game of trampoline dodgeball and says they were never warned about the risks of quick pivots on the trampoline surface. If signage or verbal safety instructions were missing, this could be considered a failure of duty.
Defective or Worn-Down Equipment
A trampoline spring snaps mid-jump, causing a jumper to injure themselves. If maintenance records indicate that the park neglected routine checks, liability becomes more likely.
What If a Child Is Injured?
Children under 18 require a parent or guardian to sign a release on their behalf. It is important to note, though, that waivers signed by parents for children are often treated differently by the courts. In some cases, courts have found that parents can’t waive their child’s right to sue for injuries caused by negligence. So even if the parent signed a waiver, it may not be enforceable against a child’s claim, especially for serious injuries.
That’s why parents need to know that even if they’ve signed a waiver, they may still have legal options if their child is injured due to unsafe conditions or staff negligence.
What Should You Do If You’re Injured?
If you or your child are injured at a trampoline park in Ontario, here are a few steps ton take immediately:
- Seek medical attention
Make sure that after any injury, you get checked out by a medical professional. This applies to all types of injuries, as often injuries that may seem minor at the time can be far worse than initially perceived.
- Report the incident
Tell the staff, so this way the situation is logged accordingly.
- Take photos
Take as many pictures of the area, the equipment, and any visible injuries as possible.
- Get witness names
Ask witnesses for statements and get their contact information. Film them
describing the situation. This may come in handy in the future if you do indeed
have a claim.
- Don’t sign anything else
The park may attempt to get you to sign something to limit their liability further.
Do not sign any releases!
- Speak with a personal injury lawyer
An experienced personal injury lawyer can help determine whether the park was negligent and whether you have a valid claim, even if a waiver was signed.
Trampoline parks are a great way to spend an active day indoors. They are exciting and fun, but they are not without risk. Operators have a responsibility to provide a safe environment, and signing a waiver does not give them a free pass to be careless.
If you’ve been injured at a trampoline park in Ontario, don’t assume you have no legal recourse. Every case is unique, and liability depends on how the injury occurred, the condition of the facility, how the waiver was presented, and how the park handled its Responsibilities.
At Bergel Magence Personal Injury Lawyers, we’ve helped countless individuals and families across Ontario recover compensation for serious injuries caused by negligence.
If you or someone you love has been hurt, we’re here to guide you through your legal options and fight for the compensation you deserve. We will fight on your behalf for the justice and compensation you and your family deserve.
Contact us today for a complimentary consultation and let us help you bounce back.
Call 416-665-2000 or visit us online at www.bergellaw.com.
