Legal Question in Personal Injury in Colorado

Signed Waiver of Personal Injury

We have a trampoline and are covered for personal injury on are home insurance. if i have the parents of the neighbor kids sign a waiver for responsibility of injury for their children will it hold up in court if it comes down to it so it won't effect our insurance?


Asked on 7/08/01, 5:16 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Signed Waiver of Personal Injury

I am certain lawyers and insurance agents would absolutely ban trampolines if we could. They are the cause of more injury, financial loss and heartbreak than anything other than the backyard swimming pool in this era. Having a trampoline is begging for a lawsuit.

One cannot avoid the liability that results from maintaining a trampoline [an "attractive nuisance" in the law] by attempting to have parents "sign off" for their children. The right belongs to the children, not the parents. A release could act as an effective block to those who are uninformed, but that is a poor basis to rely upon for the potential exposure resulting from a serious mishap.

My advice: get rid of the trampoline, thereby getting rid of the potential huge legal liability which could result from serious injury to a child.

There is no other way to effectively guard against liability other than a great deal of insurance, which usually must be separately written explicitly to cover the trampoline.

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Answered on 7/11/01, 9:54 am


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