backyard trampoline

[moneybags]

My neighbor bought a trampoline. In order for my kids to play on it, she wants me to sign a waiver saying I won't sue her if my kids get hurt. Anyone ever hear of this? Would it even hold up in court? BTW - I'm not signing it, kids can forgo playing there.

[momcents]

If you signed a waiver, it probably would hold up in court. Knowing that were solely responsible for your child's potential medical bills is indicated by signing it.

[Joan.of.the.Arch]

I was visiting my sister when her daughter (I think about 10 years old at the time) came home with a paper like that from their neighbor. I thought a copy of the suggested waiver might have actually come in the box with the trampoline. ?? I'm sure their insurance company is glad for them to get signed waivers, anyway.

You could add some terms to the waiver if you like. For example, you might write in that the trampoline will always be provided by the owner with an intact guard wall, or that the number of people simultaneously using the trampoline will be limited to 3. (I really don't know what precautions are reasonable.) Of course the owner would need to sign for that, too. You'd need a copy.

[cypher1]

The waiver makes sense IMO. I'm not a parent, but if I was, I'd be paranoid of some kids coming over to my property and getting hurt, whether its a trampoline, swing set or pool. They're just protecting themselves.

[greenskeeper]

what a wonderful world we now live in....waivers for kids to play next door. No wonder this country is going down the crapper.

[PrincessPerky]

Unfortunately there are far to many lawsuits against owners of trampolines (and pools and swings) so the owners now feel a need to protect themselves.

While it certainly shows a bit of distrust in you...how well do you know her anyway? I was at a friends and she let my kids play, but she knows me very well. Knows my opinions of frivolous law suits.

[disneysteve]

I'm sure their insurance company is glad for them to get signed waivers, anyway.

Actually, their insurance company probably doesn't care as many companies specifically exclude any claims related to trampolines. Those things are horribly dangerous especially when used by kids (and grown ups) with zero gymnastics training. They are also intended for use by ONE person at a time but I'm forever seeing 2 and 3 and 5 people jumping together and banging into each other.

[MonkeyMama]

I don't know about the waiver, but I don't think the average person understands just how dangerous those trampolines are. If it were me, I wouldn't let my kids on it, unless there was strict supervision and rules (only one person at a time - and no gymnastics - as Steve mentioned).

I am not into frivolous lawsuits, but if an adult let my kid break his neck on a trampoline, I am not sure I would take that very lightly either. Though, I think I am pretty clear that my kids are not allowed on trampolines. IT would have to be an adult who did not respect my wishes. (My child is too little to take responsibility for that at current. When they are teens, I think they can take some personal responsibility).

[SCsailor]

I am a lawyer. the law in most states, if not all, is that you cannot waive someone else's negligence. So it is unlikely that a waiver would have any effect on a claim based on the owner's negligence. It may have some effect on other legal claims, but i would expect that a court would find that a parent cannot waive a legal right that belongs to a child. still, it probably makes the homeowner feel better. When i was in law school i worked for a firm that had a case involving a child who broke his neck on a trampoline. The case was against the manufacturer, not the homeowner. That was probably 12 years ago, I still remember his name. That case, more than any, had a profound effect on the way I see things. I would not let my child on a trampoline.

[Breton Wench]

what a wonderful world we now live in....waivers for kids to play next door. No wonder this country is going down the crapper.

Yeah.....my thoughts exactly. Came across this sort of thing between my brothers, younger of whom was building a house in a plot next door to the elder one. My sister in law came out with a six page document concerning the rights of passage across the front of their plot and redressment for potential damage . Caused a lot of bad blood for a year or two........

[nmboone]

I don't know about the waiver, but I don't think the average person understands just how dangerous those trampolines are. If it were me, I wouldn't let my kids on it, unless there was strict supervision and rules (only one person at a time - and no gymnastics - as Steve mentioned).

One person at a time however seems terribly unfun though! I was raised in the country and me and my friends would go from house to house because everyone had trampolines. Love them! I can't imagine kids sitting there waiting for their turn. I liked the ones that had the blue border on them though so you wouldn't catch your foot in a hole on the side. I also thought it was great fun to sit on them while everyone else bounces you as high as possible, lol!

Also, fun story: My family had one for several years until a hurricane came and me and my mom instead of flipping it which is really hard to do, attempted to tie it to a tree. It wasn't expected to be a terribly powerful storm and my dad didn't feel like helping to flip it I guess. When the hurricane hit, it blew the trampoline over our house into the front yard and straight into a transformer. The whole side of the street's lights were out for the rest of the day. Oops. We never got another one.

[greenskeeper]

lawyers are the scum that is below the deepest rocks in the ocean.

[seen]

Try youtubing trampoline accidents...I've never heard of anyone making someone else sign a waiver, but it makes perfect sense to me.