My 19 year old daughter has a tramp at a house she is
Renting with other college students. The yard is fenced
In so neighborhood kids should not be able to use it.

Would it help protect from lawsuits if a sign
Explaining the dangers was on the tramp?

Would it help if anyone who used it signed a waiver?

She isn't concerned because she feels her friends
Wouldn't sue her.

If someone would sue, who would be responsible?
The owner of the tramp (my daughter)?
All the tenants of the rented house?
The owner of the house?
Or me, the parent of the 19 year old owner of the tramp?

I am especially concerned that if they had a party,
People who had been drinking could get on the tramp.

Her friends are athletic and do flips.

Have people 18 or over sued and won when hurt on a friend's tramp? Is this only a problem with children, or with adults who know the dangerrs too?

Is there anyway we can be protected from lawsuits?

Thanks!

Hope

I would say there is a chance you could be sued successfully.

If someone comes onto your property, you have a duty to protect them.

For example.

If your porch step is broken, make sure your guests do not walk on the porch. If they do, and they break their foot, you are responsible.

However, if you close the porch off with tape, and clearly tell them not to go on it, and they then do. Well, then they will be responsible.

But if you are worried about your daughter having parties and her drunk friends getting hurt, I would suggest that either you close the tramp off so her friends can't get to it, or if that is not possible, tell your daughter NOT to have parties if you honestly think her friends will get injured.

Thank you for posting your question to the Ask Me Help Desk.

I do not know if anyone can ever be fully free from liability when trampolines are involved. Let me share a true story with you.

A family had a very nice folding trampoline that they would open up when they were using it. When not in use it was folded and locked with a chain and stored in the garage.

One day a couple of guys who were drunk and knew about the trampoline went into the garage, cut the chain on the tramp, set it up, and began jumping on it while the homeowners were gone. One of the guys fell off and broke a bone.

The worst part of the story is that the guy sued and won despite all of the precautions that the family took. The charge was willfully allowing a potential hazard to exist or something like that.

Yeah, makes me sick too. Mad even.

This family did not have waivers or signs or anything but still...

Anyway, I am not a lawyer but I would ask these questions from what you have given...

1. Does the landlord know that the tramp is in the yard?

2. If yes, does the landlord's insurance company know that it is there?

3. Is the fence REALLY going to stop someone from jumping on it anyway? Outsiders, other tenants of the property, or the friends of other tenants?

I think that waivers and signs are a great idea but I do not think that they will prevent someone from getting sued. I think it would help the case to have them though.

As far as who is liable... again, I am not a lawyer but my opinions would be...

1. Since your daughter is of legal age and it is her trampoline, you would most likely not have any liability. Your daughter and the property owners would share some liability. Woe the landowner if the insurance company doesn't know about the tramp.

2. Waivers are great but I would be concerned about the stray human that chooses to jump and has never signed anything.

3. Perhaps her friends might not sue her. What about the parents of those friends? Lawsuits can come from some strange places at times.

4. Will waivers and signs prevent lawsuits? NO

5. Will waivers and signs prevent you from losing a lawsuit? NO

6. I do think that waivers and signs, however, will help your chances of winning.

7. Contact a local lawyer for more specific, legal, information.

8. Negligence can be avoided MOST OF THE TIME when it can be proven that you have acted in a manner that a reasonable and prudent person would. Obviously, the story I gave was more of an exception than the rule but I want you to understand that I don't think we are ever 100% safe from liability. The plaintiff might just have a super awesome lawyer on their side to find the loopholes and such.

Good luck and stay safe!

The answers to your first two questions is a resounding YES! As for your 3rd question, the ultimate responsibility lies with the owner of the house. Hopefully (s)he has sufficient insurance coverage. However, believe it or not, a lot of insurance companies won't insure a home if a trampoline is on the premises as that's considered a major liability risk factor. If the insurance policy was established before the trampoline was acquired so be it but if the insurance company were later to become aware of its presence they'd probably cancel the policy. Also the age of any victim who may injure themselves on the trampoline would make no difference whatsoever. The owner would be just as liable regardless. Finally, if someone injured themselves on it while drinking and the owner can prove that the injured party had been drinking at the time, it may limit the degree of liability for any injuries sustained but probably wouldn't eradicate it altogether. Furthermore, it would then raise the question of liability for allowing the guest to become intoxicated on the premises in the first place and we all know what a nightmare that can turn out to be.