Jan 2, 2017
Trampoline Liability with an Accident Lawyer in Miami
Trampolines are one of the riskiest activities for people of all ages. You’re bouncing, sometimes ten or fifteen feet in the air depending on the trampoline. You’re also surrounded by hard objects and spaces such as decks, sidewalks, and even the grass can be hard enough to cause injuries if you fall and land awkwardly. The bars around trampolines can also cause a lot of pain in the wrong circumstances. Some parents focus on instructing their kids to be careful. Things like not jumping too high can reduce your risks. Some experts even recommend not having a trampoline with kids in the home. When you have friends or others at your house, you cannot always expect them to listen to warnings and/or advice.When someone is injured on a trampoline, it won’t always come to a lawyer in Miami that handles slip and fall cases. While trampolines can be dangerous, the same basic rules apply as in many other parts of life. You’re expected to follow the same guidelines you might in any other personal injury case.
Some claims are brought against the home or property owner. Others are brought against the trampoline manufacturers – it depends on the cause(s) of the injuries. They can build faulty products with parts that break too easily or other problems that cause pain and suffering. Scheduling an appointment with a slip and fall attorney is the first step to evaluating your case and potentially filing suit. Sometimes, finding issues with the product itself takes time and research.
What an Accident Attorney in Miami Has to Prove
What kind of case can a slip and fall lawyer win? What does it take to build a case in the first place? Lawyers look at a few things before taking a case and filing the necessary paperwork.
Injuries: For savvy clients in Miami, this might seem like the most obvious part. You need injuries for an attorney to pursue. You need to be able to prove your injuries, which is usually done with medical documentation.
A Connection to the Accident: Maybe it hurt when you fell on the trampoline and hit your leg. The problem is it’s your neck or back that’s in pain. Some falls can cause pain in many areas of the body. It’s up to you, with your lawyer’s help, to establish the connection of the incident and injuries.
Negligence: Accidents happen, and there’s plenty of blame to go around. If you were acting recklessly before you got hurt, this is one consideration. The homeowner might have noticed a problem with one of the legs and failed to address it. Companies also issue recalls when they get enough complaints about a problem and see fit to address by recalling the product instead of dealing with a bunch of lawsuits and/or negative publicity.
Timelines: It isn’t always easy to sue, and you have to work within strict time limitations that normally starts when the incident occurred. You cannot sit around for years and then decide sue to recover your lost medical bills, pain and suffering, future medical expenses, and other costs. The best thing you can do is come meet with attorney as early as possible.
Find the Responsible Party in Miami with a Slip and Fall Attorney
In trampoline and many other accidents, the fault isn’t always clear. Even if it’s a trampoline at your home, other parties might be responsible.
The Trampoline Manufacturer: Trampoline manufacturers don’t always make products as safely as they should. The legs might not be built the right way. Maybe the net isn’t as secure as it should’ve been. They might’ve made it too stretchy or too loose. If the manufacturer made key mistakes, you can explore a suit against them.
The Trampoline Owner: You might find a trampoline at different play centers or someone’s private residence. You have to prove negligence as you would in any other personal injury claim. Did they fail to address a serious rip in the net? Was the trampoline placed in an unsafe area? These are just a couple of possibilities.
Another Trampoline User: Was another trampoline user pushing others around? Were they acting in a negligent way causing you injuries? If they were, they could also be liable.
The Injured Party: You may be culpable for your own injuries – it is often referred to as “comparative negligence” in Florida. Trampolines can be exciting, but all parties are still responsible for their own safety. Trying to jump onto a trampoline from a deck or other higher areas could be negligence on your part. We can always explore how much of a part you played. If the trampoline was operating in good fashion and properly maintained, you may not have a case.
If you think you have a case, talk to an attorney in Miami that handles cases in Brickell, South Miami, Hialeah, Westchester, and through South Florida. We’ll explore all your options about your case. For more information about trampoline and accident cases and how we can help you, click here.