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phoebes mom
10-05-2004, 12:36 PM
We just got a 12' trampoline for our backyard (with a safety net), but I'm concerned about kids getting hurt on it. Does anyone have any advice for me? Also, am I liable if a neighbor gets hurt while they're using it?

flagger
10-05-2004, 12:47 PM
>We just got a 12' trampoline for our backyard (with a safety
>net), but I'm concerned about kids getting hurt on it. Does
>anyone have any advice for me?

Yes if you are concerned. Take it down. Kids are going to get hurt no matter what insulation we put around them or they may not.

>Also, am I liable if a neighbor gets hurt while they're using it?

Yep you sure are. We have an umbrella policy of about a million that covers us in case of accidents on our property either at a playdate or just if someone slips on our sidewalk.

It depends on your state. I have copied this answer from another site about a different issue.

"In general, when any insurance company receives a claim, but most especially medical insturance, they will, if the cause of the convered incident is indemnified specifically, subrogate.

Whenever you file an ememrgency room claim, the question is "how did this happen?" In the case of accident, it asks where, and the pertinent owner information of the property. Although people feel "sued" is some sort of moral issue, it is not. Subrogation is part of the business of indemnification. An accident, with no moral, ethical, spiritual fault occurred upon your property. This is called damages. YOu own insurance. The insurance company indemnifies you against liability.

Now, try to understand, an accident occurred on a property. there is no blame involved, but someone has to pay the bills. The medical insurance company will, therefore, in all likelihood, subrogate to get your insurance, which covers you, to pay. lthough it is a hard concept to swallow, particularly in our world of morals, where someone is always "at fault," there are commandments,guilt feelings, and baggage from the nineteenth century, you did nothing "worng." It is nonetheless possible, depending upon the insurance regulations of your jurisdiction, that the other party's insurance company will subrogate.

Dealing with six figure damages, your insurance company will clearly try to avoid the subrogated claim. For such a sum of money, litigiation will ensue. Not one hundred percent certain, but likely.
Obviously, the medical underwriter will do what it can to execute the subrogation, including stating that your liability is not only local (your property) but culpable (your fault). Your insurance company will refute this.

If it is filed in the courts, and it will be, else the threat is idle, it will go down as Smith vs Jones. Unless you want to suffer emotional collapse, realise that it is not your neighbours suing you, but their insurance comapny suing yours. Trial tactics in the US make guerilla war seem like a boarding school tea party. You will be vilified, if there is no settlement. If you understand that this is insurance company modus operandi, and curial procedure, you can go for lunch with them, while their company's lawyer is accusing you of being so careless that you incur almost criminal liability.

But before you can feel the inner core of calm about what can be, for the average person, a life changing stress, you must rid yourself of any feelings of guilt you may have. We live where things are so expensive, particularly medical care, that a kid riding a bike without a helmet will land his parents in jail and the kid in a foster home in my jurisdiction.

You did nothing wrong. You may nonetheless be liable for the damages as a matter of law. In order to collect those damages, the petitioner may say you are less morally upright than a child rapist. Your insurance company's counsel will tell you to say nothing. They are right."

And

"In MA, an offer to pay medical expenses cannot be evidence of liability; however, any additional statements *may* be used (e.g., "I'm so sorry, this was totally my fault."). This may be true in your jurisdiction as well. The reason offers to pay can't be used is to encourage settlement in just these types of situations."

Hope this helps.

Marisa6826
10-05-2004, 01:27 PM
>the petitioner may say you are less morally upright than a child rapist. Your insurance company's counsel will tell you to say nothing. They are right."

OK. I think that's a little over the top and somewhat unnecessary.


To answer your question, I would take it down. A former roommate of mine had one in his backyard and it was a total kid magnet. You're opening yourself (and your family) to a huge can of liability worms unless you have an enclosed yard, thereby making it private property. God forbid a neighbour's child falls or lands the wrong way and breaks his/her neck, you would stand to lose you home. Just not worth it, IMHO.

Tramps are something like one of the top five causes of serious injuries to children including head injuries.

I would also check with your town ordinances on it. Many towns have outlawed them.

Good luck.

-m

ginalc
10-05-2004, 01:40 PM
I will echo the vote to take it down.

One of the Moms in my playgroup is married to a Radiologist. After one of the playgroup members got a trampoline, we stopped holding playgroup at her house due to the potential risk for injury. The children of the Radiologist weren't allowed to even place a pinky finger on the trampoline. Ever.

That said, my neighbors have had a trampoline for years. We live in a rural suburb where everyone has their own acreage. The neighbors with the trampoline have no children and she is a gymnast. It's nice to watch her exercise on the trampoline but we have never ventured over to see it. Without proper instruction, I believe they are far too dangerous for children to use, with or without a safety net.

gina, mom to 3

steph2003
10-05-2004, 01:46 PM
Our neighbors 2 doors down put one up w/a net around it. Personally they make me nervous net or no net. You can still bounce wrong & hurt yourself while landing on the trampoline - I think my neighbors are opening themselves up to a ton of liability issues the first being their backyard isn't even fenced in so anyone could come use it while they weren't home to monitor it! Having one would be too much of a worry for me to deal with :)

loewymartin
10-05-2004, 06:09 PM
Some insurance companies won't cover them - better check that as you may be shopping for new insurance companies. We know two people that have them (one inside a fenced yard and the other not inside a fenced yard) and even though the kids love it I'm a little nervous about it. Alia hasn't been on one, and I'm not sure I will let her go on theirs when she is there.

Michelle - Mom to Alia born 5/16/02

toomanystrollers
10-05-2004, 06:27 PM
TAKE IT DOWN!! Just run a google on "trampoline statistics"

HTH

HannaAddict
10-06-2004, 04:10 AM
I would take it down and return it. A trampoline is very dangerous and the injuries that can happen (even if supervised) are often catastrophic. Your standard homeowner's policy may even have an exclusion for injuries on a trampoline. As much fun as children could have on a trampoline, the risks of injury are just too great in my opinion and I wouldn't want the liability.

August Mom
10-06-2004, 09:10 AM
Of course as you've seen, there is the option to take it down. BUT, if you don't want to take it down, only allowing one child on the trampoline at a time will help reduce the risk of injury.

There are lots of trampolines in my neighborhood. I haven't heard of any serious injuries, but that possibility always exists. However, what I have seen is that they definitely are kid magnets. Once a couple of kids start playing there, a large group descends. And, unfortunately, from what I've observed, the large group is allowed to jump together. That increases the risk of injury because they bump into one another and could bump someone over the edge. Your liability insurance would be applicable in case of injury to someone else's child playing on your property.

dr mom
10-07-2004, 01:55 AM
From the AAP:

"A revised policy from the American Academy of Pediatrics recommends that trampolines should not be used at home - either indoors or outdoors. The policy goes on to recommend that trampolines should not be part of routine physical education classes in schools, and that the trampoline has no place in outdoor playgrounds and should never be regarded as play equipment."

http://www.aap.org/advocacy/archives/maytra.htm

http://aappolicy.aappublications.org/cgi/content/full/pediatrics%3b103/5/1053

I hate to be a party pooper, but I agree, there is a significant risk of injury. In the interest of full disclosure, I must confess that I do have a trampoline-related grudge: I broke my ankle when my sister and I were bouncing together, and I landed just a second after she did, so there was no "give" left in the trampoline fabric. Accidents happen.

Bethann31
10-07-2004, 10:58 AM
I'm going to argue the other side of the coin a bit here. I have had a 12 foot trampoline with no net around it, only safety pads along the sides, for about 7 or 8 years in my back yard. In all honesty, we have had one major accident, and my 12 year old daughter broke her collarbone on the thing, right after we got it. However, according to the E.R. doctor, she could have broken it falling off the slide, jumping off a swing, or tripping down the stairs. I was given a warning to make strict rules about number of children on the thing (she and her brother were on it at the same time) and no horseplay, etc. We also do not allow neighbor's children on the trampoline without their own parent observing them.

Everything can be inherently dangerous. People have pools in their yards, or swingsets or any number of things a child can get hurt on. Heck, a child can be hurt simply walking in their own yard, and stepping in a mole hole. I agree that we need to be very careful, and not set ourselves up for injuries, but I don't think we need to insulate our children from anything they could get hurt on. I think we need to be watchful and make sure they know the rules about playing with any piece of equipment. I worry less about the trampoline in my yard, than the equipment in my neighbor's. Maybe it's because most of my children are older, but they are out of my sight much of the time these days, and I'm hoping that by having things in my yard and my home that they have experienced, they will not feel the need to "experiment" at their friends.


Beth

Josh 3/90
Mollie 4/92
Jeffrey 12/94
and Katherine 6/03

http://lilypie.com/baby2/030604/3/4/1/-5/.png

flagger
10-07-2004, 11:06 AM
I just want to say that ITA with your post.

This is coming from someone who in the 70's played with Lawn Darts where we would toss them over a 2 story house from front yard to back trying to hit the target.