It’s getting warmer out and people are excited to spend some time outdoors. If you’re anything like our Morrow personal injury lawyers, then you like to get together with friends and neighbors. Unfortunately, if your neighbor has a trampoline, you may find yourself in the emergency room after your child is injured.
You can file a lawsuit if your child is injured in a trampoline accident.
An Adult Must Supervise Children to Prevent Trampoline Accidents
It may seem like common sense. However, many people would be surprised to learn just how many parents don’t supervise their children on a trampoline.
If your neighbor has a trampoline on their property, they have a duty to your guests to supervise the kids playing on it. Even if they aren’t the homeowner’s children, they are guests. They have the right to be safe while on their neighbor’s property.
Any premises owner who doesn’t supervise children can be sued for a trampoline accident.
Children Under the Age of Six Should Never Be Allowed on a Trampoline
According to many experts, children under the age of six should not be allowed anywhere near a trampoline. Even if you tell them not to play on it, it will be near impossible to keep them away.
If you are at a neighbor’s house and they have a trampoline, you need to be extra careful. Keep an eye on your young children and don’t let them out of your sight. Even if the homeowner has a duty to keep their guests safe, why risk it?
Were You at Your Neighbor’s House at the Time of the Trampoline Accident?
While your friend or neighbor has a duty to keep their premises safe, you have a duty too. If you’re at your neighbor’s house with your kids, then you need to watch what they’re doing.
However, the bottom line is that your neighbor is the one who chose to keep a trampoline on the premises. When they invite people over, they have a duty to remove any unsafe objects. If they fail to do this, they may be liable for damages.
Your Neighbor Should At Least Ask if Your Child is Allowed to Play on a Trampoline
At a minimum, your neighbor has a duty to ask if your child is allowed on the trampoline. It is rare for a parent to have mixed feelings about a trampoline.
Most parents either avoid trampolines because they’re so dangerous, or they pay no attention to them. If your neighbor doesn’t ask for your permission when it comes to your child playing on the trampoline, let your Morrow personal injury lawyer know.
In Georgia, a Trampoline Would Qualify as an Attractive Nuisances
Certain states have special laws about things like trampolines on someone’s property. It is similar to a swimming pool. If a child happens to trespass on their property, they will be tempted to climb up on the trampoline.
To prevent this from happening, the Georgia legislature enacted a law that holds homeowners responsible for what they refer to as “attractive nuisances” on their property.
How Does the Attractive Nuisance Law Work?
Normally, if somebody trespasses on a homeowner’s property, they assume the risk of whatever may happen to them while on their property. However, according to Georgia Code §51-3-3, property owners are strictly liable for injuries suffered as the result of an attractive nuisance.
The law on this is rather clear. It does not apply to adults. If your child is over the age of 18 and decides to trespass, they are not protected by the attractive nuisance principle.
Attractive nuisance laws are also limited to items or objects that are in plain view. Furthermore, the items have to be considered inherently dangerous. A trampoline would certainly qualify as an attractive nuisance.
Your Morrow Personal Injury Lawyer Will File a Claim with Your Neighbor’s Homeowners Insurance Company
If your child is hurt while playing on your neighbor’s trampoline, your injury attorney in Morrow has options. The first thing they’ll do is file a claim with your neighbor’s homeowners policy.
If your neighbor doesn’t own their property, you can file a claim with their landlord’s homeowner’s policy. The reason they pay for this insurance is for situations like this.
If Need Be, Your Injury Attorney in Morrow, Georgia Will File Suit
If the insurance company denies your claim, you’ll have no choice but to file suit. Many people tell our Morrow personal injury lawyers that they don’t want to do this. They’re afraid of ruining a good relationship.
What you have to remember is that you may be naming your neighbor in your complaint. However, their insurance carrier is legally required to represent them. They are also the ones who will pay any damages you’re awarded at trial.
An Experienced Injury Attorney in Morrow Will Protect Your Child’s Legal Interests
People don’t realize just how dangerous trampolines are until their own child gets hurt on one. Despite the warnings, parents still let their kids play on them. Our injury attorneys in Morrow have handled dozens of cases over the years involving trampolines.
Depending on the facts of your case, you may be entitled to damages. If you’re afraid that you’ll have to sue your friend or neighbor, don’t be. Their homeowner’s insurance is more than likely going to pay any damages you receive.
Call for a Free Consultation If Your Child Was Hurt in a Trampoline Accident!
We offer all new clients a free, initial consultation for several reasons. First, we want to give you the chance to sit down with an experienced Morrow personal injury lawyer. This will give you an idea of whether it’s worth pursuing your claim.
The second reason we offer clients a free consultation is that it gives our injury attorneys in Georgia the chance to review your claim. If they think your case has merit, they may be willing to represent you. If not, they’ll be upfront and honest with you.
Call today and schedule your free, initial consultation. The defendant’s insurance company will have a team of lawyers working for them. You need to have someone in your corner too.