Trampoline Injures 4-year-old Boy, Lawsuit Begins

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May 262019
 

As a youngster, being able to enjoy messing around on items like bouncy castles and trampolines is huge fun. We allow ourselves to just let loose and go free, enjoying everything about our bouncy entertainment for the afternoon. However, sometimes, things can go wrong when we let ourselves get a little too carried away.

Other times, though, the problem is entirely of the making of the equipment. A current lawsuit filed at Tarrant County District Court, though, will look to determine what took place with a young boy.

The 4-year-old was injured at a trampoline park in Fort Worth and will now have to see an orthopaedic specialist once every six months until the age of 18 due to the injuries suffered. With only one person permitted to be on a trampoline at any one time, the young boy was put at risk when other, larger, children joined him on the same trampoline. At this point, a professional is supposed to blow the whistle and stop the trampoline when that rule is broken.

According to the lawsuit, though, this did not happen. The young boy was then put through a recoil impact, propelling him into the air and losing control. He slammed down on the trampoline, causing major injury to his right leg. The growth plate areas of his tibia and fibula were increasingly damaged and forced him to undergo several surgical treatments as well as six-monthly orthopaedic treatment.

It will also prohibit the youngster from playing sports. The company who is being accused, Flight Deck, are accused of negligence by not providing the required supervision to the child. The family is suing for a fee of $1m. One interesting part of the case, though, is the waiver that parents sign online. If signed by an adult for a minor, they acknowledge that the park could mean “known and unknown risks that are inherently dangerous and that can result in personal injury, including physical and emotional injury, paralysis, death or damage.”  – at least according to the waiver.

It also means that the person who participates has medical insurance, and that Flight Deck cannot be held responsible for the injuries. The waiver further states that any personal injuries suffered cannot be taken back to Flight Deck. What happens with this case, then, is anyone’s guess. What is for sure, though, is that this case will press forward.

Citation

https://www.star-telegram.com/news/local/article228777644.html

 Posted by at 12:23 pm

Personal Injury Laws for Business Owners

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Jul 252017
 

No business owner wants to get slapped with a personal injury lawsuit. That said, accidents can happen in business premises and a customer can purchase defective products that can cause them harm. However, knowledge about personal injury laws helps you take the necessary steps to protect your business. Here’s a look at laws that you should be aware of:

Negligence

A claim of negligence forms the basis of many personal injury lawsuits. Negligence is the failure to exercise care towards another person that results in unintentional harm. The injured person (plaintiff) can sue for damages based on different kinds of injuries, be it physical harm or property damage resulting from errors and miscalculations.

How can you defend against a negligence suit? Plaintiffs need to prove four elements: duty (defendant owed a legal duty), breach of duty (defendant failed to act), causation (the defendant’s actions or lack thereof contributed to the injury), and damages (plaintiff was harmed because of defendant’s actions). Your defense rests on negating one of these elements. You are not entirely liable if you can prove the other party was equally negligent.

Premises Liability

Premises liability holds owners responsible for accidents and injuries that take place on their business property. For instance, a customer can sue your business if they suffer an accident – a fall, perhaps – inside your property due to a wet floor and sustain injuries as a result. Even workers, vendors, solicitors, and intruders are covered under the premises liability law.

Businesses must take preventive measures to ensure that unfortunate situations don’t happen inside a workplace. Such actions include implementing safety policies and procedures, using signs to warn of potential risks, providing employees with training on handling such a situation, and conducting regular maintenance and inspection.

Product Liability

When a customer is harmed as a result of using a defective product, they can take action against you, the maker of the product. It is you responsibility to ensure the safety of your products before they get into the hands of consumers. However, customers also need to prove that the product was truly defective as well as prove that it was the reason for their injury.

A product liability claim can ruin your company’s reputation. To avoid such a scenario, take some initiatives to minimize the risk such as performing product testing and doing product reviews at every stage to ensure there are no issues. You can also protect the business by purchasing product liability insurance and making sure you hold suppliers accountable.

Workers’ Compensation

Injuries and illnesses that occur in the workplace can happen. This is why it’s important for businesses, whether you own a small shop with 30 employees or run a large factory with more than a thousand workers, to get an insurance policy for their employees to cover for work-related injury or illness. If not, you will end up paying for your employee’s medical bills out of pocket.

Being aware of these laws not only helps you protect your business but also ensures it stays on a profit-growing path.

 

 Posted by at 2:24 pm