Trampoline Injuries on the Rise

Though recent weather is hardly any indication, spring is here and summer is fast approaching. With the warmer weather and school winding down, kids of all ages will be heading outdoors to enjoy the sunshine, possibly by jumping on a trampoline. However, with all the fun that a trampoline provides for a family, the Consumer Product Safety Commission has issued a warning to parents: Trampoline injuries are on the rise. The CPSC reports nearly 110,000 hospital visits in 2007—up from some 90,000 injuries in 2001.

The CPSC issued a generic warning rather than a recall because many trampoline injuries result from improper safety precautions and not from manufacturing defects (there are, however, defects aplenty.) The CPSC reports four main causes of injury for persons jumping on a trampoline as follows:

*Colliding with another person on the trampoline

*Landing improperly while jumping or doing stunts

*Falling or jumping off the trampoline

*Falling on the trampoline springs or frame

Since 1990, the CPSC has seen a steady rise in injuries from trampolines, as well as six deaths. In 2007, there were a total of 109,522 reported injuries, with 65% of victims (71,265) aged 5 to 14, and 14% of victims (15,541) under the age of 4. A 2000 report by the safety commission showed that approximately 2 million homes had trampolines, and that number has likely risen.

These statistics garner a range of reactions—everything from parental shrugs to calling for trampoline bans. In a 1997 report, the American Association of Pediatrics recommends that “trampolines should never be used in the home environment, in routine physical education classes, or in outdoor playgrounds.” Following suit, an orthopedist speaking with USA Today cheekily referred to trampolines as “job security” (Thompson.)

However, orthopedists aren’t the only ones depending on trampolines for their livelihood.  Trampoline manufacturers are quick to defend their products, claiming that they are safe if one follows proper precautions.

“If you follow the rules and it’s done under adult supervision, then the chances of an injury are very remote,” says Mike May of Sporting Goods Manufacturers International (Thompson.)

Arch Adams, president of Fun Spot Trampolines, says that many trampoline injuries could be avoided by following one simple rule: One person jumping at a time (Thompson.)

However, many physicians and pediatricians still believe that trampolines demand an unrealistic amount of adult supervision.

“[Trampolines] should be used in very structured, well-monitored environments with proper supervision. Frankly, that supervision probably doesn’t and can’t happen at home,” said James Linakis, a pediatric emergency physician at Hasbro Children’s Hospital (Thompson.)

With parents working and running households, many companies are now resorting putting nets around their trampolines to prevent injuries. But do they work? A statistical study found no significant reduction in injuries, but also claimed that unknown variables—e.g. the total number of trampolines—hindered any definite conclusions.

Without empirical data to verify trampoline safety, many home insurance companies exclude trampolines from coverage.  Many insurance companies consider trampolines an “attractive nuisance,” or something that invites trespassers. Those companies that do cover trampolines have strict safety measures from state to state. Thus, as a homeowner, you may want to check with your insurance before purchasing a trampoline. If you already own a trampoline, it is possible that your insurance company will ask you to remove it.

Legally, trampoline injuries are very complex issues covered under premises liability.  The injured party must show that the owner of the premises owed him/her a “duty of care,” that the duty was breached, that the breach caused injury, and that damages were incurred as a result of the injury.

The most difficult proof is that the duty of care is breached. In Illinois, normal use of a trampoline is not an ultrahazardous activity, and thus, not subject to strict liability suits (Fallon, 148 Ill. App. 3d.) However, the owner of a premises can still be held liable for negligence if he/she owes a “duty to warn” invitees. On this matter, the Illinois Supreme Court has ruled:

A possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land where danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness. Ward v. K-Mart, 136 Ill. 2d 132

Here, determining what a possessor “should anticipate” is vague and complicated. Thus, it is best to have an experienced personal injury attorney to parse the language of the law. Dolan Law offices can answer all of your questions regarding premises liability. If you or someone you know has been injured on a trampoline, or if you have questions about trampoline liability, don’t hesitate to contact us at your nearest convenience.

–Steven Flores

Sources Attributed

Thompson, Arienne. “It’s the peak season for trampoline injuries.” USA Today. 15 June, 2005. http://www.usatoday.com/news/health/2005-06-15-trampoline-injuries_x.htm

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