Trampoline Parks report a staggering number of injuries to adults and children. There is no reason we see that trampoline parks in Louisiana would be any different. Chances are, if you are on this page, you or your loved one sustained an injury at a trampoline park. Whether it was in New Orleans, Baton Rouge, Lake Charles, Lafeyette, or as far north as Shreveport, you need answers. Can you hold the trampoline park liable for their actions?
Louisiana has some of the better law concerning liability waivers, with several courts holding that the waivers have been invalid in the past. However, we will never guarantee a victory, just as any good lawyer won’t. What we will guarantee, is our time.
Call us now to speak with a real attorney well-versed in trampoline park lawsuits, or keep reading to get more answers.
The Waiver
The actual waiver that you signed is likely not a typical contract. Generally, a contract has two parties that both offer something in exchange for a service, performance, or agreement to perform. Unlike most contracts, you likely had zero bargaining power, zero chance to contact an attorney for advice, and probably less than 60 seconds to read and sign It before your child dragged you down the hall to the trampolines.
What we know about waivers, is that they are generally similar, but the smallest tweak can make the world of difference. For example, language is crucial in a waiver, and disclaiming specific types of negligence must be spelled out, including the type of liability.
As a general rule of thumb, gross negligence, forms of extreme conduct and intentional actions, can never be waived, even though the trampoline park may try to include that in their waiver. Also, the trampoline parks in Louisiana don’t tell you about specific laws and cases that may make the waiver you signed worth less than the paper it was printed on.
That being said, we never know until we investigate. Often times these big-box trampoline parks will try to take advantage of parents and children by using legalese in their waivers, knowing all-well that the parents may not have any idea of what it actually means.
That’s where we come in . . .
Let us do the thinking for you. Waivers, negligence, and liability are our areas of concern. If you were injured as a result of someone else’s negligence, there is a good chance you can bring a lawsuit against the trampoline park.
Doesn’t the waiver prevent me from bringing a lawsuit?
You are probably able to bring a lawsuit. Louisiana’s laws relating to waivers and the ability to release liability for negligence are favorable to consumers. As it stands currently, a waiver singed by a parent on behalf of a minor may be invalid in Louisiana.
Case law in Louisiana from 1991 is still valid regarding this issue. In Ramirez vs. Fair Grounds Corp., the Supreme Court of Louisiana decided a case where the plaintiff suffered permanent injuries when he fell from a loft building owned by the defendant. The plaintiff in that case had signed a contract with an exculpatory clause in it, (fancy word for waiver), and released all liability from the defendant for causing injury or death to the plaintiff. The Supreme Court of Louisiana quoted La.Civ.Code art. 2004, and held that the release was null and void. In a nutshell, this means that the waiver which released the defendant of liability for negligent actions which caused harm to the plaintiff (much like the one you signed) was thrown out as being invalid. If you want to read more about this case, please click here: https://law.justia.com/cases/louisiana/supreme-court/1991/90-c-1632-2.html
What does this mean for my case?
Without knowing all of the facts from a consultation, this can mean that the waiver you signed on behalf of your child is “null and void” and does not preclude you from bringing a lawsuit against the trampoline park. You still have to prove negligence, which consists of duty, breach, causation, and damages, but that’s where your lawyer takes over. Knowing the individual facts and how to use them with the case law to your advantage is the critical step in your lawsuit, and will also be the deciding factor in court.
What about if I am over 18 and was injured myself?
More good news. Louisiana, as of 2018, is one of three states that has legislation enacted that holds “most” waivers that try to bar lawsuits and release liability for “physical injury” to another party as “null and void.” That means, if you are an adult, there is a chance you have a lawsuit also. Again, we don’t guarantee results, we only guarantee our time to help you investigate your situation.
The bottom line is that Louisiana Civil Code expressly holds that “Any” clause is null that excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party. https://law.justia.com/codes/louisiana/2009/cc/cc2004.html
So if you are an adult, OR the parent of a minor child, you can probably sue the trampoline park for your injuries. Just last year, parents of a teenager brought a suit against Altitude Trampoline Park in Bossier City. The suit was not dismissed because of the waiver. Although we don’t know the results of the suit, the waiver is often a big hurdle that doesn’t appear to be a big issue in Louisiana. For more on that lawsuit, click here. https://www.ktbs.com/community/teenager-injured-at-trampoline-park/article_ac383bb2-6cc8-11e7-9cbf-17eec209687c.html
Trampoline Park Injuries in Louisiana
A simple reality is that trampoline park growth is not slowing down in the United States. More parks get added every year, and that equals more injuries. We aren’t doctors, we don’t claim to be, but we do know something about injuries sustained as a result someone else’s negligence.
Between 2002 and 2011, more than 1 million people landed in the Emergency Room due to trampoline park injuries. Children under 16 suffer 93% of fractures related to trampoline park injuries. https://www.linkedin.com/pulse/7-terrifying-statistics-trampoline-safety-everett-sanderson/
Common injuries can include concussions, sprains, broken legs, spinal cord injuries, traumatic brain injuries, and even paralysis. Just last year a teenager was injuries at Altitude Trampoline Park and filed a lawsuit. The teenager was jumping on a trampoline, and fell and hit her head on the hard divider. She was diagnosed with a concussion, and received a dozen stitches. https://stories.avvo.com/relationships/family-kids/trampoline-parks-keep-getting-sued.html
The owner of that Altitude Trampoline Park issued a statement claiming the park was perfectly safe, and that each guest must sign a waiver stating the park is not liable for any injuries that occur outside of the park. https://www.arklatexhomepage.com/news/local-news/altitude-trampoline-park-speaks-out-after-teen-is-injured/769539071
Another lawsuit occurred after a plaintiff dislocated her foot, sustained lower leg injuires, and fractured her talus at Sector6 Trampoline Park in Jefferson Parish. The victim filed a lawsuit in the 24th Judicial Court against Sector6 for negligence. Click here to read more. https://louisianarecord.com/stories/511098784-sector6-extreme-air-sports-allegedly-failed-to-prevent-trampoline-injury
Dr. Gerald George, from the University of Louisiana, quoted in a local paper that it is not necessarily the design of the trampoline that attributes to the injuries, it’s the addition of other factors, such as double bouncing, dimmed lights, loud music, poor supervision, that induces reckless behavior at trampoline parks that can lead to catastrophic injuries. Dr. George has authored numerous gymnastics safety manuals in addition to being an expert in biomechanics. https://www.nola.com/business/baton-rouge/index.ssf/2014/12/trampoline_parks_springing_bac.html
Not only does Dr. George speak to the dangers of the trampoline parks, so do many other orthopedic surgeons around the United States. In fact, more than half of injuries in all trampoline parks across the country occur to children under 14 years old. We think this is partly because there are currently, in 2018, no federal regulations requiring safety protocols for jump parks.
Real Stories from Real People
We encourage you to research the trampoline parks yourselves and read the reviews. Sure, some of them are great, boasting about the “fun parties” or “good music” or “great exercise.” What we want you to look for is the parents who are in your situation or have been there before. Below is a sample of some reviews of trampoline parks around the State of Louisiana, from real people, some you may know.
“Every time I’ve been here I see unsafe environments created by young employees with no oversight. They need to cap the number of people allowed in at a lower number and spend some money training employees for safety and care.”
“Ok so after my son and my friend’s son got injured, don’t think we’ll be going back.
“Perhaps older employees are needed not teenage employees. Also the place gets extremely crowded which makes it even more dangerous. Perhaps the number of people jumping needs to be more limited. It’s no wonder a signed waiver needs to be shown every time you go. You are basically signing away your life for a reason. Please do more to make this place safer.”
“We went here for a party, the girl watching the kids on the ninja course was not even watching the kids. She was in la-la land starring into space, was really disappointed with all of the on-floor staff.”
This last one is disheartening. This parent feels that they have no rights simply because a waiver was signed. We agree that the rules should be adhered to. We also want you to know that you do have rights, and you can probably bring a lawsuit if you or your child was injured as a result of the negligence of an employee or manager.
“It is easy for you to have parents sign a waiver, but rules should be adhered to so they feel their children have a safe experience.”
Trampoline Parks in New Orleans, Baton Rouge, and other cities in Louisiana
Below is a list of some of the trampoline parks in Louisiana. Just being on the list below does not mean the facility was in any way negligent, or was a defendant in a lawsuit, it is merely meant to encourage parents like yourselves to read the reviews online, and see real reviews and real experiences of other parents.
- Surge Trampoline Park in Metairie
- Altitude Trampoline Park in Lake Charles
- SkyZone Trampoline Park In New Orleans
- Air U Trampoline Park in Shreveport
- Elevation Station in Covington
- Sector6 Extreme Air Sports in New Orleans
- Da Swamp Trampoline Park in Houma
- Area 51 Extreme Air Sports in Baton Rouge
- 2High Trampoline Park in Ruston