Chazen & Chazen, LLC

Trampoline Park Injury & Accident Lawyer In approximately 2005 trampoline parks reemerged with Sky Zone and Sky High leading the way. With history repeating itself, trampoline park accidents, trampoline park deaths and trampoline injuries returned. As Sky Zone and other trampoline parks added locations the number of persons ending up in ERs and being admitted to hospitals soared. So much so, that multiple doctor’s groups have taken notice and published injury studies to raise the alarm that trampoline parks are dangerous. TRAMPOLINE PARK SAFETY Why aren’t trampoline parks safe? The average trampoline park customer is unaware of the hidden dangers inherent in trampoline park design, operation and features. These include: Children under 6 should not be allowed on trampolines. Who says so? Medical groups, Consumer Product Safety Commission (CPSC), the warnings on backyard/consumer trampolines. What is the policy of trampoline parks, such as Sky Zone? – “If you can walk you can jump.” (My youngest clients are a 4 year old with a fractured femur and a 5 year old with a fractured leg below the knee) The trampoline beds are thick, stiff, surrounded by 100 heavy springs, and sealed creating a diaphragm effect, as compared to the less tensioned and perforated gymnastic, and backyard trampolines. The trampoline beds vary in tension from the center to the sides, and recoil with tremendous bone breaking speed/force. (My 4 year and 5 year old clients’ legs were fractured by the force of the trampoline snapping back into position. The trampolines are interconnected and jumpers are continually at risk from other jumpers who may jump on the same trampoline and cause a collision or double jump (where the recoil or snap back of the trampoline bed causes injuries); and energy transfers occur from jumpers on other trampolines in the field of trampolines making the trampoline surfaces unpredictable. Trampoline parks purposely offer no skill assessment or instruction. Their employees are prohibited from offering any help on how to jump. As far as the trampoline parks are concerned, it is up to the jumpers to know how not to exceed their skill level. The average jumper has no knowledge of how to perform basic skills, let alone what is beyond their skill level. Advanced Skills – Advanced trampoline jumping maneuvers are especially dangerous for the non-athletic and/or untrained jumper. The high risk of injury when exceeding one’s skill level is cautioned against by the USAG, ASTM, CPSC, and even the IATP in its never published/self-suppressed 2015 Risk Management Manual. ADVANCED SKILLS (As defined by ASTM F2470-15) Aerial Maneuver – Inverting the body (flips/somersaults), risk of death or paralysis from landing on head/neck. Jumping Horizontally from Trampoline to Trampoline – The trampoline is propelling a jumper sideways making it difficult to jump in the center of the trampoline and control landings . . . Resulting in off balance landings . . . Resulting in contacting harder areas of trampoline bed around the perimeter . . . Resulting in contacting the edge of the padding, the thin padding covering springs, chains, steel frames, steel posts . . . Causing spontaneous fractures of feet, ankles, leg bones, hip joints and the tearing of ligaments and tendons in the joints. Jumping Off of Sidewalls – The change in body position makes it difficult to land safely on the adjacent horizontal trampoline. TRAMPOLINE PARK SAFETY There are close to a 1,000 trampoline parks in the U.S. with new locations opening all the time. The names may differ, but the hidden dangers are present in every trampoline park. Deaths and injuries have not caused trampoline parks to become safer. It would be a start if trampoline parks separated the trampolines and offered qualified skill assessment and progressive instruction. Trampoline parks have rejected these suggestions because it would hurt revenue. Even worse, as trampoline parks evolve they put aside safety concerns and compete for customers by introducing more and more features, such as dodgeball, basketball dunk, climbing walls, zip lines, rotating beams, foam pits, air bags, ninja courses and the like, which crowd the trampoline beds, distract the jumper from landing safely, or require advanced maneuvers, causing deaths and injuries to climb at an even faster rate. SKY ZONE TRAMPOLINE PARK Sky Zone is by far the largest player in the trampoline park industry. Sky Zone led the way in forming the ASTM trampoline park standards, which was controlled by trampoline park industry voters, and offers little protection to the public. Sky Zone led the way in forming the IATP which organized the trampoline park industry. The IATP has suppressed safety improvements that could hurt trampoline park revenues. The IATP issues press releases how safety is a priority when the trampoline park industry receives media attention from a death or serious injury. In December 2017 Sky Zone was acquired by Circustrix Holdings, LLC and is now part of a behemoth company. Chances are there is a Sky Zone or sister trampoline park is near you. SKY ZONE WAIVER AGREEMENT Sky Zone Waiver – If you enter a Sky Zone you have to sign a waiver of your right to make a claim against Sky Zone for personal injuries. The waiver’s enforceability depends on whether a minor or adult is injured and the laws of the state where the injury occurred. Speak with an attorney who is familiar with this area of the law. Sky Zone Arbitration – Besides the waiver, the next thing the agreement says is that you have to arbitrate your personal injury claim. Why does Sky Zone choose arbitration you ask? Unlike suing in Court, in arbitration: Sky Zone picks the arbitration company and that the arbitration be conducted according to the “Expedited Rules”, making it near impossible to properly investigate and prove the case; An arbitrator, not a jury decides the case; The filings and proceedings are secret and not accessible to the media or other injured customers; Decisions by the Arbitrator, even if wrong, are not appealable, unless you can prove some sort of corrupt behavior; Chances are that any decision, award or settlement will be subject to a NDA (Non-disclosure Agreement) or Order. In short, waivers and arbitration clauses are effective methods of discouraging claims and keeping the public in the dark when it comes to the dangers of trampoline parks. Attorneys must oppose arbitration provisions whenever possible. [This office has had some success in voiding the Sky Zone arbitration provision]