Trampoline park injuries: Your rights under Tennessee law

Tennessee has many trampoline parks, including Sky Zone, Urban Air Adventure Park, Altitude Trampoline Park, and Just Jump Trampoline Park. While these parks are fun, they can also be dangerous.

If you or your loved one has experienced an injury at a trampoline park, you must understand that you have rights protected under Tennessee law. Despite the precautions and regulations in place, not all incidents are mere accidents; sometimes, they result from negligence or disregard for safety regulations by the park management.

Keep reading to learn if you may have a premises liability case against the trampoline park, then call Weir & Kestner Injury Lawyers at (615) 220-4180.

Understanding amusement park regulations in Tennessee

In Tennessee, trampoline parks are classified as “amusement devices” under Tenn. Code Ann. § 68-121-101 (3)(A), which defines them as mechanical or structural devices that provide entertainment or excitement. This classification places trampoline parks under the regulatory oversight of the Amusement Device Unit and/or the Elevator and Amusement Device Safety Board.

Tennessee law makes exceptions to the definition of an amusement device. Tenn. Code Ann. § 68-121-101 (3)(C) excludes the following from the definition:

• Devices operated on a river, lake, or any other natural body of water
• Wave pools
• Roller skating rinks
• Ice skating rinks
• Skateboard ramps or courses
• Mechanical bulls
• Buildings or concourses used in laser games
• All-terrain vehicles (ATVs)
• Motorcycles
• Bicycles
• Mopeds
• Go-karts
• Bungee cord or similar elastic device
• An amusement device that is owned and operated by a nonprofit religious, educational, or charitable institution or association, if the device is located within a building subject to inspection by the state fire marshal or by any political subdivision of the state under its building, fire, electrical and related public safety ordinances
• An amusement device that attaches to an animal so that while being ridden, the path of the animal is on a fixed or restricted path
• Climbing walls
• Seasonal haunted houses that are open no more than three (3) months in a calendar year

Amusement parks must have a valid permit

Because trampoline parks are considered amusement devices, they must have a state-issued permit to comply with Tenn. Code Ann.§ 68-121-101.  The State of Tennessee lists the businesses considered Compliant and Non-Compliant Amusement Device Companies.  That information can be found here.

Liability waivers at amusement parks

It is common practice for an indoor trampoline park to have customers sign a liability waiver, sometimes called an exculpatory clause, before jumping. If someone under 18 years old wants to jump, parents normally have to sign liability waivers for their minor children.

Parents often sign pre-injury releases with exculpatory clauses on behalf of their minor children. However, the law clearly states that parents cannot waive their children’s rights regarding pre-injury liability. This was underscored in the case of Blackwell v. Sky High Sports Nashville Operations, LLC, where the Tennessee Court of Appeals reaffirmed that such waivers signed by parents do not hold legal weight.

Moreover, in 2018, the Tennessee Supreme Court set a precedent in Copeland v. HealthSouth/Methodist Rehab. Hosp., emphasizing that exculpatory clauses need to be clear and cannot be enforced if they are overly broad or if there is a significant power disparity between the parties involved.

Conduct that can invalidate exculpatory clauses

The Tennessee Supreme Court has also declared that no entity can exempt itself from liability for gross negligence, reckless conduct, or intentional wrongdoing through an exculpatory clause. This means that if a trampoline park engages in such behaviors, any liability waiver signed by patrons will not protect it from legal consequences.

Trampoline parks and Tennessee premises liability law

When you are injured at a Tennessee indoor trampoline park, not only do you likely have to beat an exculpatory clause or liability waiver, you still also have to win on Tennessee’s premises liability legal requirements:  These negligence-based elements are:

•  The trampoline park owed you a duty of care
•  The trampoline park breached that duty
•  The trampoline park’s actions or inactions caused you injury
•  You suffered legal damages as a result  

Trampoline parks owe you a duty of care

While business proprietors are not insurers of their patrons’ safety, they are required to use due care under all circumstances. This duty is based upon the assumption that the owner has superior knowledge of any perilous condition that may exist on the property. The duty includes the obligation of the owner to maintain the premises in a reasonably safe condition, and to remove or warn against latent or hidden dangerous conditions of which the owner is aware or should be aware through the exercise of reasonable diligence.

The trampoline park breached their duty of care

A dangerous condition or defective condition must either be (1) caused or created by the owner, operator, or his agent, or (2) if the condition was created by someone other than the owner, operator, or his agent, that the owner had actual or constructive notice that the condition existed prior to the accident.  Blair v. West Town Mall, 130 S.W.3d 761, 764 (Tenn. 2004).

The trampoline park caused your injuries, and the harm was foreseeable

The harm caused by the indoor trampoline park must also be foreseeable.   The risk of harm is considered foreseeable when “a reasonable person could foresee the probability of its occurrence or if the person was on notice that the likelihood of danger to the party to whom is owed a duty is probable. Downs ex rel. Downs v. Bush, 263 S.W.3d 812, 820 (Tenn. 2008) (citations omitted).

You suffered damages as a result of the trampoline park’s negligence

A plaintiff in a negligence case must prove a legally recognized harm.  Most of the time, this is physical injury to a person or property damage.  A plaintiff could prove all three prior elements of negligence, but if they do not have actual damages, there is no basis for a monetary recovery.  Damages incurred in indoor trampoline accident cases may include medical expenses for their injuries, time off work, and pain and suffering.

Seeking justice for injuries at a trampoline park

Weir & Kestner Injury Lawyers are committed to helping those affected by trampoline park injuries navigate the complexities of legal claims, ensuring that safety standards are rigorously enforced, and holding negligent parties accountable. Our experienced team is dedicated to advocating for your rights and helping you receive the compensation you deserve for medical expenses, pain, suffering, and other related damages.

Don’t let the burden of an injury overwhelm you without exploring your legal options. Contact Weir & Kestner today to discuss your case and take the first step toward turning a painful experience into a force for justice and recovery. Remember, when safety falls short, we stand ready to help you stand up for your rights.