View Full Version : Release of liability waiver for trampoline use
anderson727
May 18, 2009, 10:58 AM
I recently purchased a trampoline for my family but know that the neighborhood kids are going to want to jump as well. I want to have waiver forms for all the parents to sign before allowing any other kids to jump. Is there a free form that I can print off for this?
JudyKayTee
May 19, 2009, 04:11 AM
A waiver is useless and meaningless - people cannot waive their legal rights, including the right to sue if injured due to another person's fault or negligence.
For example, if a passenger in your automobile signed a waiver and was injured that person still has the right to sue you because he/she cannot waive the legal right to sue.
I would run this question past my homeowners insurance and make certain I have sufficient coverage.
twinkiedooter
May 19, 2009, 07:55 AM
As Judy pointed out, waivers will do you absolutely no good in keeping kids off your equipment. The kids need to be supervised 100% of the time by an adult to keep the kids from injuring themselves. You may want to look into the high netting/fencing available for around the permiter of the base of the trampoline itself. I've seen this arrangement on many trampolines that kids use. At least the kids can't propel themselves off or fall off accidentally the jumping area. And yes, call your homeowner's agent prior to purchasing the trampoline. You may not be fully covered or have to pay an extra rider premium to get this coverage.
nikosmom
May 19, 2009, 08:56 AM
Judy and Twinkie both make valid points...
First... the parents can't waive their legal right to sue you if their child is injured while playing in your yard (and why would they want to?) Surely you're not planning on asking the children to sign the waiver?
Most insurers require that you have a fence around trampolines and pools. They are considered "attractive nuisances" because they tend to draw kids. You have to be able to close off the area when you are unable to supervise. I'd even advise locking your fence so they can't play while you're not home.
Mainly, the parents would have to prove that you were negligent in some way: Are you allowing too many kids to jump at once? Do you have protective netting surrounding the trampoline? Are you allowing the kids to play roughly? Do you allow them to play without adult supervision? You have to do what any responsible adult would do to ensure that play time is as safe as possible.
Accidents happen and therefore the kids would be covered under the Medical Payments portion of your policy. You may want to consider upping this coverage if you're allowing neighborhood kids to play in your yard. You can raise the liability coverage as well just to cover all bases but proving negligence is key when it comes to lawsuits. (Personally, I'd add more coverage just in case- what if a kid gets hurt while you're in the restroom? -technically the kids are unsupervised for those few moments and think if a child broke his arm or neck.)
Unfortunately when you purchase a trampoline, you have to be prepared for the added risk of someone being injured on your property.