When children are out of school for the summer and look to have fun in pools and on trampolines, they see fun, not danger. Many parents, too, don’t realize the hidden dangers that trampolines and pools present to children.
However, the statistics do not lie. A study conducted by the Indiana University School of Medicine found that approximately 289,000 children suffered bone fractures as a result of accidents on trampolines between 2002 and 2011, according to USA Today. A similar study published in the Journal of Pediatric Orthopaedics found that trampoline accidents resulted in 1 million emergency room visits during the same period.
Pools are not any safer. An average of 10 people per day died in unintentional, non-boating-related drownings between 2005 and 2014, according to the Centers for Disease Control and Prevention. Approximately 50 percent of these victims were children under the age of 14.
Who Is Responsible for Swimming Pool and Trampoline Accidents?
Injuries to children resulting from swimming pools or trampolines are not always “accidents.” Sometimes another person or entity is responsible for contributing to the injury. When another person’s carelessness or negligence is to blame for an injury to another child, this person may be held responsible for the expenses the child’s parents incur.
Liability for Swimming Pool Accidents
Under basic principles of premises liability law, a property owner who has a swimming pool on his or her property is responsible for keeping this pool in good operating order and safe for use. Under the more specific “attractive nuisance” doctrine, property owners must also take proactive measures to prevent children from coming onto the property and using the pool without the property owner’s permission. This usually means the property owner must erect a suitable fence around the pool and keep this fence in good repair. A property owner who does not build a fence or similar barrier to keep children away from the pool may be legally responsible for child injuries or deaths that occur – even if the property owner is not home at the time of the accident.
Liability for Trampoline Accidents
Various parties could be liable for trampoline accidents. The manufacturer that creates a trampoline with a design or manufacturing defect may be responsible for resulting injuries. If a retailer opened the trampoline from its packaging or otherwise tampered with the trampoline before selling it to the consumer, the retailer may be responsible for resulting injuries. Finally, if an individual fails to properly assemble the trampoline or fails to notice an obvious defect and invites or allows children to use the trampoline – and these children become injured – this individual may be responsible. As with pools, homeowners should also take steps to prevent children from accessing the trampoline without supervision.
Contact an Experienced North Carolina and South Carolina Injury Lawyer
If your child is injured in a trampoline or swimming pool accident in Western North Carolina or Upstate South Carolina – including in Asheville, Waynesville, Franklin, Greenville, or Spartanburg – the experienced injury lawyers at Grimes Teich Anderson, LLP are here to help you. We can help identify all responsible parties and assist you in recovering compensation you may deserve for the expenses your family incurs and your child’s pain and suffering. Contact our firm by telephone or complete our online form for assistance today.
