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adultsatplay · Aug 17, 2011, 04:47 PM

So, we just bought a trampoline for our house. We are all in our mid-twenties and have friends over often who will probably want to use the trampoline too. I have found many forums that say that waivers are worthless in a trampoline situation, however, they have all been talking about when kids will be jumping. What about our situation - where everyone will be over the age of 18? Can we use waivers to protect ourselves in case an adult gets hurt while jumping? Or can they still sue us?

Side note: we rent at this property and the homeowner does not live here.

excon · Aug 17, 2011, 04:51 PM

Originally Posted by adultsatplay

everyone will be over the age of 18? Can we use waivers to protect ourselves in case an adult gets hurt while jumping?

Hello adult:

No. The age of a person doesn't change the uselessness of waivers. It MAY intimidate a person from suing you, but you probably don't know anybody that stupid.

excon

twinkiedooter · Aug 17, 2011, 06:00 PM

You need to notify the landlord immediately of this new addition to HIS liabiity situation. He may just have his homeowner's/landlord insurance cancelled as a lot of insurance companies frown on the trampoline in the yard. Waivers are useless as well. If the landlord has no objections since his landlord insurance covers the home and anyone injured - enjoy! If the insurance company drops him as a client - then you are in deep do do.

You cannot just willy nilly add something that dangerous to your landlord's property without notifying him AHEAD of time to let him say yes or no to. This is a very serious topic here as someone COULD get very hurt and/or killed very easily.

Why don't you just install a snake pit with cobras instead? Might be more interesting and your landlord may not object to that.

Even IF you did own the property you would still have to notify your insurance carrier of this and you could risk being dropped. Some insurance carriers pitch a fit over a pool!!

Can you take this back for a refund?? I'd look into taking it back pronto. Hope you still have the receipt.

Seriously, you need to contact your landlord NOW and advise him of this or you could risk being evicted when he is dropped by his insurance carrier or is presented with a very large personal injury lawsuit due to the trampoline.

ballengerb1 · Aug 17, 2011, 07:27 PM

In most all states you will need the owner to agree to having this trampoline since he too will have exposure to liability.

Fr_Chuck · Aug 17, 2011, 08:17 PM

Yes, since it , like a pool and other risks like some animals, the owner of the property has to know it is there.

For example, it is fenced ? Is there a way to keep people off it, when no one is home, what if kids down the street come and hurt themselves while you are not home
* yep tresspassing does not matter, they can still sue**

Also do you have renters insurance ? You need that anyway, but for sure with this.
** Ok, they are great fun, I love them and I am ( well a lot older than 20)

But they will need to be in a fenced yard, and have warning signs. I would have the waiver signed, but also, if you allow them to use if, if you know they are drinking, then you would be liable without any question, if you watch them and they are doing stupid things and you don't stop them

So basically you will have to act like their mother for 20 year olds telling them what to do and not do.

AK lawyer · Aug 18, 2011, 07:21 AM

Originally Posted by adultsatplay

... Can we use waivers to protect ourselves in case an adult gets hurt while jumping? ...

There is no law that says you can't ask adults to sign such waivers, if that's what you are asking. So, yes.

Originally Posted by adultsatplay

... Or can they still sue us? ...

As you said you know, yes.

"Assumption of risk" is a valid affirmative defense, with or without a waiver. But it is not bullet-proof. You can still get sued and a competent lawyer can think of at least a half dozen arguments around the waiver.

ballengerb1 · Aug 18, 2011, 08:22 AM

Agreed, like did you allow an adult to consume alcohol before using the trampoline, if so you may be negilgent.

twinkiedooter · Aug 18, 2011, 10:39 AM

And your renter's insurance would not provide adequate coverage for a trampolene either as they only offer a very minimal medical pay if someone is injured.

You COULD look into a million dollar umbrella coverage. That costs several hundred dollars a year and would most certainly cover anyone injured. That would be your ONLY out on this.

twinkiedooter · Aug 18, 2011, 10:41 AM

And if the person is injured they could sue you AND the landlord. Keep that in mind.

Why not have one of your friends set up the trampolene in their yard if they own their own home and let them have all the liabiity? There, simple solution.

Fr_Chuck · Aug 18, 2011, 10:49 AM

And when am I getting invited over,

AK lawyer · Aug 18, 2011, 12:15 PM

Originally Posted by twinkiedooter

...
Why not have one of your friends set up the trampolene in their yard if they own their own home and let them have all the liabiity? There, simple solution.

An out-of-the-frying-pan, into-the-fire solution at that. It's OP's tramplene, OP can be claimed to be negligent anyway. And the best part: OP's homeowner's insurance might not cover in such event. :rolleyes:

twinkiedooter · Aug 18, 2011, 12:20 PM

Originally Posted by AK lawyer

An out-of-the-frying-pan, into-the-fire solution at that. It's OP's tramplene, OP can be claimed to be negligent anyway. And the best part: OP's homeowner's insurance might not cover in such event. :rolleyes:

They COULD sell this nuisance to their gullible friend and then come over and use it at the friend's liability expense. Sell it cheap too if you really want another place to go and get hurt or happily break your neck.