In recent years, there has been an increase in action course entertainment services known as Trampoline Adventure Parks. Trampoline adventure parks tend to include obstacle courses, ropes, climbing walls, and of course, trampolines. These businesses cater to a younger audience and have risen in popularity due to the success of shows such as American Ninja Warrior and Wipeout. Trampoline adventure park visits often result in serious injury because of the haphazard chaotic nature of energetic children and the laissez faire style of the management procedures.
Despite the frequent occurrence of injuries, most jurisdictions have not promulgated statutes in regards to safety procedures and operational requirements for trampoline adventure parks. Previously, New York injury lawsuits involving injuries at trampoline adventure parks were resolved using the traditional principles of negligence. However, the State of New York recently introduced and passed a bill, effective 4/18/2020, instituting some of the strictest trampoline park safety laws in the nation.
New York General Business Law Article 12-C, titled “Trampoline Park Safety,” instituted a variety of restrictions and requirements for operators of trampoline parks. Section 223 states trampoline park owners must comply with industry standards regarding safety postings, employee training, security equipment, and supervision of activities. Section 227 states safety postings must be placed “conspicuously” and be approved by the Department of Health. According to section 225, owners/operators must implement injury reporting and emergency response plans, and retain all records relating to the injury. These records must be made available to the Department of Health upon request. Possibly most important is, section 228, which states that any waiver of liability signed between the trampoline park and a participant is “void as against public policy."
Therefore, even if the injured party signed a waiver, they can sue operator for negligence and recover. With strict rules now in place, owners of trampoline adventure parks have fewer mechanisms of avoiding liability for the accidents they cause. Hopefully, as result of this law, trampoline adventure parks increase in safety.
Awareness that the occurrence of an injury was possible will not bar recovery. Further, one is not restricted from recovery if the accident in question occurred before the Trampoline Safety Act went into effect on 4/18/2020. If you or a loved one have been hurt while playing at a trampoline park facility through no fault of your own, you should reach out to an experienced personal injury lawyer. For a free consultation from Zalman, Schnurman, & Miner, contact our firm through email at firstname.lastname@example.org or over the phone at 1-800-Lawline (212-668-0059).