For an injury caused by its own negligence?  It should not be able to.  Meaning, if the trampoline park or its employees were negligent, and that negligence contributed to, or caused, the injury to your child, allowing waiver of that liability would violate Florida public policy.  As experienced personal injury attorneys who have been helping victims recover for injuries caused by the negligence of others for decades, we know these legal terms and nuances can be confusing.  This is why you need an experienced attorney to assist you with your trampoline park injury case.  Here is what you need to know about waivers executed on behalf of a minor. 

Florida Law on Child Waivers

In 2008, the Florida Supreme Court ruled a parent did not have the authority to execute a pre-injury release on behalf of a child involving participation in a commercial activity.  See Kirton v. Fields, 997 So. 2d 349 (Fla. 2008).  In response to this decision, the Florida Legislature enacted Fla. Stat. § 744.301 which allowed a child's guardian to execute pre-injury releases that insulate commercial providers from liability for injuries so long as those injuries weren't caused by the trampoline park's negligence.  A waiver executed by a parent that attempts to release liability for the negligence of the trampoline park or its employees should not be enforceable as it violates public policy. 

In handling trampoline park injury cases, we have seen trampoline parks attempt to do just that—enforce a waiver that releases them from their own negligence and seeks indemnification for any claims brought that they claim fall within the umbrella of the waiver.  Language that states the waiver is effective “regardless of whether the damage, loss, or death is the result of any act or omissions on the part of the [trampoline park]” would be an improper attempt to waive liability for the park's own negligence.  The goal of Fla. Stat. § 744.301 is to protect service providers from being held responsible for inherent risks of the activity (not their own negligence) while also safeguarding the parents of minor children from financial ruin if they are forced to indemnify a trampoline park for its own negligence which caused the child's injury. 

Why You Need an Experienced Trampoline Park Injury Attorney

Cases involving arguably inherently risky activity, such as jumping on trampolines and/or into big pits of foam, can be complicated to litigate because of the inherent danger of the activity.  However, this does not mean trampoline parks are insulated from liability for their own negligence.  If a trampoline park employee is not properly supervising minor jumpers or negligently instructs a jumper to take an action that causes injury, a waiver signed by the parent should not insulate the park from injuries caused to a minor child by its own negligent conduct. 

These are the types of fights and arguments we make on behalf of families when they've suffered an injury as the result of the negligence of another.  Every case we take we prepare it from day one as if it is going to trial, which means diligently researching and preparing for legal arguments such as these.  If you or a family member has been injured at a trampoline park and you have questions about the best action to take, contact our experienced personal injury attorneys to discuss your case.  At Taylor, Warren, Weidner, Hancock & Barnes, we never require any obligation or fee to simply sit down with you, discuss your case, and make sure you understand your rights.  At TWWHB, we are here to help you.