Kentucky Supreme Court: Trampoline Park Not Immune from Liability in Injury Case

The Kentucky Supreme Court has ruled that a damage waiver signed by a parent at a trampoline park does not protect the park from liability in the case of an injured child.

The Courier Journal reports that the court said June 13 it reached a unanimous decision in a lawsuit against House of Boom, a Louisville trampoline park where an 11-year-old girl broke her ankle in August 2015.

The girl’s mother had signed a waiver warning of the risk of serious injury, paralysis or death, when she bought tickets for her daughter.

The mother alleged House of Boom failed to adequately supervise customers or follow safety policies. House of Boom cited the waiver in seeking the lawsuit’s dismissal.

However, the court stated in its opinion that “A commercial entity has the ability to purchase insurance and spread the cost between its customers. It also has the ability to train its employees and inspect the business for unsafe conditions. A child has no similar ability to protect himself from the negligence of others within the confines of a commercial establishment.”

The court said the question of relevant public policy was “whether a parent has the authority to enter into an exculpatory agreement on their child’s behalf, negating any opportunity for a tort claim–a child’s property right–if House of Boom’s negligence causes injury to the child.”

The court ruled that the public’s interest in protecting children renders liability waivers at for-profit operations unenforceable.

“We find no relevant public policy to justify abrogating the common law to enforce an exculpatory agreement between a for-profit entity and a parent on behalf of her minor child,” the opinion read.