Phoenix, AZParents do everything they can to protect their children from back and neck injuries, but even regular activities can put them at a risk of serious injury. Regardless of the inherent risk of some activities - such as skiing or playing sports - if a person or organization’s negligence causes a back or neck injury, then a lawsuit could be filed against the responsible party.
Making the news lately are trampoline parks, which have been linked in some articles to serious injuries and even the death of some park-goers. Unfortunately, trampoline parks are not regulated, which is why one mom is fighting to get legislation passed to regulate trampoline parks.
According to ABC 15 (2/11/14), Maureen Kerley, mother of Ty Thomasson, addressed regulators regarding trampoline parks. In 2012, 30-year-old Ty suffered a broken neck in three places after flipping from a trampoline into a pit. He died three days later.
Meanwhile, reports have come in from other parts of the country involving serious neck injuries and traumatic brain injuries sustained at trampoline parks. In some cases, the families of those injured allege the trampolines were unreasonably dangerous. In one case, a family filed a lawsuit after their son fell through a tear on a trampoline at a park, hitting his head and suffering severe injuries that left him fighting for his life.
The Consumer Product Safety Commission (CPSC) notes in its alert on trampoline safety that in 2012 there were 94,900 emergency room-treated injuries associated with trampoline use. Furthermore, between 2000 and 2009, there were 22 deaths.
Although many trampoline park users have to sign a waiver that the park is not responsible for injuries, if the park operator has failed to properly or reasonably maintain park equipment resulting in a serious injury, lawsuits could be filed. The same is true of other situations in which people can be seriously injured. Although there is an inherent risk in some activities, when that risk is increased by negligence or improper care or maintenance, the injured parties can file a lawsuit.
Lawsuits have been filed, for example, in situations where athletes were subject to an unreasonable risk of injury. Such lawsuits have been filed against the NFL, alleging the league hid from its players the risks associated with repeated head trauma.
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