TRAMPOLINE PARKS: MORE DANGER THAN FUN?
Last month, the Chicago Tribune reported on the dangers associated with the newest fad coming our way, trampoline parks. The Tribune reported that "16 ambulances have been dispatched for trauma ranging from broken ankles and dislocated shoulders to a head injury" at a trampoline facility in Carol Stream called Xtreme Trampolines. In response, the Niles Village Board approved an ordinance that requires trampoline centers "to have a Niles business license and follow a minimum set of requirements to protect the safety of those who use the service.” (Niles had been designated as the location for a new trampoline park.)
According to the Tribune, the "American Academy of Pediatrics … recommends against the use of trampolines other than in a supervised setting, such as in a gymnastics facility. It also warns against using trampolines as toys in the backyard and allowing children younger than 6 to participate."
Patrons of trampoline parks are typically required to sign waivers that release the owners of the park from liability. Many patrons do not understand the consequences of these waivers, and their enforceable-ability in court. While a release may not completely bar recovery, the best way to ensure your rights is to not sign the release in the first place.
These waivers, which Illinois law often recognizes as exculpatory agreements, were discussed in the 2010 case, Oelze v. Score Sports Venture, LLC, 401 Ill. App. 3d 110 (1st Dist. 2010). There, plaintiff filed an action for negligence and wanton and willful conduct after sustaining an injury while playing tennis at defendant's tennis club when she caught her foot in a rope ladder hidden behind a curtain. The trial court dismissed plaintiff's negligence count since plaintiff had previously signed a membership agreement which contained a statement releasing defendant from liability for any injuries that plaintiff might suffer while using defendant's equipment and facilities. The court also granted summary judgment to defendant on plaintiff's willful and wanton misconduct count.
In Illinois, it is legal for a party to enter into an exculpatory agreement (or release) to avoid liability for its own negligence so long the party does not use fraud to induce execution of the agreement and the agreement puts the signing party on notice of the range of dangers for which he/she will assumes the risk of injury. Id. at 117.
The signing party has a general duty to read documents before she signs them, and a failure to do so will not render the document invalid. Id.
In the Oelze case, the First District Appellate Court found no fault with defendant's exculpatory agreement, holding that the trial court properly dismissed plaintiff's negligence count against the defendant. However, the Court reversed the trial court on the issue of wanton and willful conduct because there was a question of fact regarding whether plaintiff's injury was the result of defendant's failure to exercise ordinary care to discover the ladder and prevent the danger it posed or was merely a result of defendant's inattentiveness.
While exculpatory agreements are often found legal and enforceable in Illinois, they are not always ironclad. The attorneys at the Law Offices of Jeffrey J. Kroll have successfully fought against exculpatory agreements and are devoted to helping their clients recover fully for their losses.
