Trampoline Park Injuries in 2025: Are Waivers Enforceable and Can You Still Sue?

The Trampoline Park Industry's Safety Problem

Trampoline parks — indoor facilities with wall-to-wall interconnected trampolines, foam pit jump zones, and acrobatic attractions — have become a multi-billion-dollar industry. They have also generated an enormous volume of injury litigation. Emergency room data from the American Academy of Pediatrics documents thousands of trampoline park injuries annually, including fractures, spinal cord injuries, and traumatic brain injuries. The facilities' primary legal defense is the liability waiver every patron signs at the door.

Do Trampoline Park Waivers Actually Work?

This is the first question most injured victims ask, and the honest answer is: sometimes, but not always. The enforceability of a recreational activity waiver depends on:

1. State Law Some states place strict limits on recreational waivers. California, for example, has a well-developed line of case law distinguishing between ordinary negligence (which a waiver may bar) and gross negligence (which a waiver cannot bar as a matter of public policy). Virginia has a statute (Va. Code § 13.1-1023) that explicitly limits liability waivers. Louisiana and Montana broadly disfavor waivers as violations of public policy.

2. Whether the Waiver Was Properly Executed Courts routinely void waivers that: - Used fine print insufficient to give reasonable notice of the scope of the waiver - Were not signed by the injured party (a parent cannot waive a minor's claim in most states — more on this below) - Were signed under time pressure or confusion, negating informed consent - Did not specifically name the type of activity or risk that caused the injury

3. Whether the Negligence Was "Gross" or Willful Waivers generally bar ordinary negligence claims but cannot shield a business from liability for gross negligence, recklessness, or willful misconduct. If the park's safety violations were egregious — staff not enforcing weight and height limits, known broken equipment operated anyway, inadequate foam pit depth — a court may find the conduct rises above ordinary negligence and nullify the waiver.

Can Parents Waive a Minor's Claims?

This is one of the most frequently litigated questions in trampoline park law. In most states, a parent cannot sign away a minor child's right to sue for negligence. The states that follow this rule include California, Florida, New York, Wisconsin, and Colorado. In these states, the waiver signed by a parent is unenforceable as to the child's claims; the child retains the right to sue and has until their 18th birthday plus the standard statute of limitations to do so.

States where parental waivers of a minor's claims are sometimes enforceable include Texas, Ohio, North Carolina, and Maryland — but even in these states, courts scrutinize the scope of what was waived.

What You Need to Prove: Negligence at a Trampoline Park

Even if the waiver is partially or fully unenforceable, you still need to prove the park was negligent. Key negligence theories:

Inadequate Supervision ASTM International Standard F2970 — the voluntary safety standard many parks claim to follow — specifies minimum staff-to-jumper ratios, staff positioning requirements, and jump direction enforcement. If the park failed to meet these standards, it is evidence of negligence.

Defective Equipment Broken springs, torn padding, failed structural welds, and defective foam pit depth (foam cubes degrade and compact over time) are design and maintenance defects. Your attorney should inspect or request expert inspection of the equipment as soon as possible after the injury.

Inadequate Rules Enforcement Many injuries occur when a heavier person lands on or near a lighter person — a known risk the industry calls "stacking." If park staff failed to enforce same-size or one-at-a-time rules on trampolines, the park may be liable for the resulting injury.

Failure to Warn of Specific Risks A posted sign saying "trampolining is dangerous" does not adequately warn of the specific risk that caused your injury. Courts have found that general danger warnings do not substitute for specific warnings about known hazards like double-bouncing, foam pit risks, and overcrowded trampoline zones.

Types of Injuries and Expected Damages

Serious trampoline park injuries include: - Tibial spiral fractures — particularly common in children whose bones are still developing; sometimes misdiagnosed as a growth plate injury - Spinal compression fractures from bad foam pit landings - Traumatic brain injury from collisions between jumpers or impact with a wall - Neck fractures from inverted landings

Damages in serious cases include medical costs, surgical costs (pediatric orthopedic surgery is expensive), physical therapy, lost school time, parental lost wages for caregiving, pain and suffering, and future medical needs. Cases involving permanent spinal cord damage or TBI have settled for seven figures.

What to Do After a Trampoline Park Injury

1. **Document the scene** — photograph the specific attraction and equipment that caused the injury before you leave
2. **Request an incident report** from park staff — you are entitled to a copy
3. **Get the names and contact information of witnesses**
4. **Do not sign any additional forms beyond the initial check-in waiver**
5. **Seek medical attention immediately** even for injuries that seem minor — spiral fractures in children are frequently missed in a first exam
6. **Consult a personal injury attorney before accepting any settlement offer** from the park's insurer