Child Injured at Trampoline Park in 2025: Parents' Rights, Waivers, and Filing a Claim

Why Children Are the Most Common Trampoline Park Victims

The Consumer Product Safety Commission consistently reports that children under 14 represent the large majority of trampoline park injuries requiring emergency care. Their smaller body mass, developing skeletal structure, and unpredictable movement patterns make them especially vulnerable to collisions, falls, and orthopedic injuries. For parents, the shock of watching a child carried out on a stretcher from what was supposed to be a birthday party venue is often followed immediately by the trampoline park's staff handing you a copy of the waiver you signed at the door.

Here is what you need to know about your legal rights as a parent and your child's rights as an injured minor.

The Parental Waiver: Why It Usually Doesn't Protect the Park

When you signed the check-in waiver, you likely waived your own right to sue the park for your own injuries. But courts in most states have consistently held that a parent cannot waive a minor child's independent cause of action. The reasoning is straightforward: the child is the actual injured party, not the parent, and the parent has no legal authority to surrender the child's constitutional right to seek redress for injury.

States where parental waivers of a child's claims are generally not enforceable: - California, Florida, New York, Texas (with nuance), New Jersey, Illinois, Georgia, Michigan, Washington, Colorado, Wisconsin, Ohio (for commercial enterprises)

States where parental waivers are sometimes enforceable with caveats: - Maryland, Virginia (under specific circumstances), Arizona, North Carolina

Even in states that sometimes uphold parental waivers, courts look closely at whether the waiver: - Specifically and conspicuously disclosed the type of risk that caused the injury - Was presented with enough time for meaningful consideration - Was signed freely (not under time pressure in a line of families) - Complies with the state's consumer protection standards

The Statute of Limitations "Pause" for Minors

One critical advantage of a minor's claim: the statute of limitations is typically "tolled" (paused) until the child turns 18. This means you do not need to file a lawsuit within the standard 2–3 year window. Your child has until their 18th birthday plus the applicable limitations period to bring their own claim as an adult. In states with a 2-year limitations period, that means a child injured at age 8 has until age 20 to sue.

This does not mean you should wait. Evidence disappears, witnesses forget details, and park owners replace equipment. The smart move is to consult an attorney promptly and preserve evidence, even if the formal lawsuit is filed years later.

Structured Settlements and Minor's Compromises

When a minor's case settles, the settlement must generally be approved by a court in a "minor's compromise" or "petition to approve minor's settlement" proceeding. The judge reviews whether the settlement is in the child's best interest. Settlement funds are typically placed in a supervised account or structured annuity until the child turns 18.

The benefit of this process for you as a parent: it ensures the settlement is fair and prevents adult relatives from improperly accessing the child's recovery.

Documenting a Child's Trampoline Park Injury

Effective documentation for a child's claim includes:

1. **Photographs of the injury site** — the specific trampoline, foam pit, or attraction involved
2. **Medical records from the emergency room** and all follow-up orthopedic or neurological visits
3. **School records showing missed days** due to injury and any academic impact
4. **Records of lost activities** — sports teams, dance classes, or other activities the child could no longer participate in
5. **Journal or diary** maintained by the child (age-appropriate) or by you describing the child's pain, limitations, and emotional state
6. **Photographs over time** showing the injury and its healing process

Common Child Injuries in Trampoline Parks and Their Long-Term Costs

Growth plate fractures — the cartilaginous growth plates in children's long bones are vulnerable to injury. If a growth plate is damaged, the bone may grow unevenly, requiring future corrective surgery. This long-term treatment cost is recoverable.

Tibial fractures — young children often suffer "toddler's fractures" (oblique tibial fractures) from the rotational stress of trampoline landings. These are painful and require casting or surgery.

Spinal injuries — compression fractures from foam pit landings have caused permanent disability in children. These cases often result in the largest settlements.

Concussions — head-to-head or head-to-equipment impacts. Pediatric concussions carry specific long-term risks including post-concussion syndrome, which affects school performance.

Your Next Steps

Contact a personal injury attorney with experience in premises liability and minor's claims. Most work on contingency — no fee unless you win. The initial consultation is free and will help you understand the specific waiver laws in your state and the strength of your case before you make any decisions.