February 19, 2014

A large number of premises liability lawsuits in Pennsylvania center on the failure to maintain the property, to keep it reasonably safe for invitees. This may include failing to repair a broken step, failing to remove a sharp piece of metal or failing to clean up some spilled milk. It isn’t always the absence of an action that could lead to injury on the property owned by another person or company.

In a recent case filed in a different jurisdiction, a mother claimed that allowing certain actions contributed to the injuries suffered by her minor son. It was during a game of trampoline dodgeball that she claims another patron of the establishment “double bounced” her son, causing him to break his leg and tear a tendon in his knee.

The premises liability lawsuit named the owner of the trampoline park as the party responsible for the injuries and seeks $500,000 in damages.

According to the complaint, the first problem was that the company allowed the unreasonably dangerous game to be played on the premises. The game was even used as an attraction to draw in minor patrons.

Adding to an already dangerous game, the complaint states that the facility allowed patrons to participate in a maneuver known as double bouncing — despite the fact that it was the rules of the facility. Double bouncing is a maneuver in which one jumper strategically times his landing on the trampoline mat to increase the velocity of another player’s jump.

Combined together with inadequate padding between the trampoline mats, these two actions were noted in the complaint as the cause of the injuries and the reason why the trampoline park should be held liable for the damages.

Source: Courthouse News Service, “A Most Dangerous Game: Trampoline Dodgeball,” Kevin Lessmiller, Feb. 10, 2014