Liability Waiver for trampoline use?

Question

We are residents of Florida and we got a new trampoline. It has shock absorbant pads covering the springs, a net enclosure and it is in a fenced backyard. I am wondering if I should have neighborhood children's parents sign a liability waiver before jumping on it? Would that actually protect me from losing a lawsuit? PLEASE ONLY PEOPLE WITH LEGAL KNOWLEDGE answer. Thank you!

Answer 1

Check also with your insurance company.  Many of them will not cover the liability associated with the trampoline and may even cancel your policy if you tell them you have one.  We used to have one and when the material tore, I decided to take it down partly because of the liability.

Answer 2

I would definitely do it. I remember my parents had to sign one before I could use the one next door. Yeah, I agree, it's sad that it's come to this, but I understand it from their point of view as well.

I would think that it would protect you to some degree in a lawsuit. I don't know that it's necessarily iron-clad, maybe you could get a lawyer to actually draft one for you if you think that's necessary.  

Answer 3

First and foremost, waivers which disavow total liability are ALWAYS shot down as a matter of public policy.  Imagine what would happen if those "We accept no responsibility for..." disclaimers/waivers could hold up!  I'd just skip car insurance and drive around with a disclaimer on my bumper sticker!

Second, it sounds like you've done a great deal to make the device rather safe.  This insulates you from an "attractive nuisance" law suit and seriously would reduce the amount recoverable from you (probably to near zero).

Third, it would be a good idea to have the parents sign a waiver which releases you from liability stemming from everything but negligence.  Here is why that is smart:

1) You are not a business.  It sounds obvious, but this has major ramifications when it comes to how a court would classify the child's presence on your land.  They would be classified as a licensee who is not afforded any better protection than your own children are. Since you haven't been negligent (due to the safety features of the device), most motions for recovery would be defeated.

2) It will force the parents to acknowledge the risk (this is called an acceptance of risk defense).  This will greatly diminish (and potentially eliminate) any recovery.

3) It simply adds another hurdle to suing you.

Answer 4

as you know even with  waver you can still be sued, however, this should not deter you from having one created. my question would be, who would create the waiver? and if kids come over and you are not at home. you need to think of other possibilites that a person would use wtihout out knowlege and have signs posted.  

Answer 5

It's really sad we have to go through these steps now days. Anything you write up yourself won't hold up in court. Even if you do have them sign a waiver if they sue you you'll still have to hire a lawyer and it will cost you a ton of money even if you win. You'll have to be a jerk and say no-one else can use it, that's just how things are today.