Trampoline parks are a current craze for children and adults in Indiana, but they can also be extremely dangerous. If you have been in an accident at a trampoline park recently, you are not alone, and you may be eligible to receive compensation.
Knowing what to do after an injury could make the difference between success and failure for your claim.
As FindLaw explains, carefully documenting every detail surrounding an injury can make all the difference in whether or not you receive compensation. Even if an injury seems minor in the moment, documenting the details and collecting evidence can save you if an injury worsens over time. Take photos of the facility, the people and yourself — making special note of the condition of equipment.
After an accident, many facilities will want to create an incident report. If you have the chance, be sure to get your version of events on the record, but be sparing in what you say and remember that it will be permissible as evidence in court. You may feel tempted out of politeness to undermine your injuries, but remain quiet until a health professional evaluates your condition. If you are able, record any apologies and comments from staff that may later help your case. It is generally a good idea to accept offers to call the police or an ambulance after a significant injury.
Waivers and liability
A waiver does indeed reduce a facility’s liability, but it does not establish immunity. Waivers do not absolve gross or willful negligence, and the way staff handles an injury afterward may compromise the enforceability of a waiver. For example, if the equipment was damaged or worn, or if a staff member placed you at risk during intervention, you may still be eligible for damages. A lawyer will be able to evaluate whether or not you have a worthwhile case.
After an incident
Take notes as soon as possible after an incident. Your adrenaline will be running high in the moment, so relieve some of the pressure on your memory by writing down the details as quickly as possible. You will want to record every fact you can remember, including the names of staff, the time and date, the events leading up to the incident and what happened afterward. Also write down contact information for potential witnesses and first responders.
After you leave the site and receive medical attention, there are a few things you can do to start building a case. Research the company online and take particular note of any negative reviews or anomalies. If you called the police or paramedics, request a copy of your police report and any medical records from the authorities. Similarly, many recreation facilities will allow you to obtain a copy of the incident report from them. If something you were wearing is ripped or damaged, do not repair it; save it with any other evidence you have of the incident.
Trampoline injuries can be severe and life-changing, but you should not have to bear the burden alone. Backing up a case with extensive evidence may make the difference in your ability to receive the compensation you deserve.