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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Warning from Child Injury Attorneys: Phoenix Trampoline Parks Are Dangerous

Back yard and school trampolines have always been a common source of child injuries. In 1991 the Consumer Product Safety Commission reported almost 38,000 trampoline accidents in the U.S. By 2010, that figure had grown to 92,200.  A 2012 report from St. Louis (KSDK) indicated that the Insurance Information Institute says every year there are more than 105,000 trampoline claims.

The newest mega-trampoline fad – indoor trampoline “air” parks – is not the safe playground that it is purported to be. Promoters call it flying and like anything that goes up, it is the coming down that is dangerous. In fact, child injury attorneys in Phoenix want the public to know just how dangerous these trampoline parks are.

 

SkyPark Accident Ends in Spinal Injury and Death

Very recently in Phoenix Arizona, Ty Thomasson suffered a catastrophic spinal injury at SkyPark Indoor Trampoline Park (40th St. and Indian School Rd.). He was participating in a children’s charity event at the private indoor park. Thomasson was said to have been attempting a flip into the foam-filled pit below the giant trampoline. The pit is filled with foam bricks intended to break the fall of anyone launched into it. Thomasson landed head first into the foam pit, causing blunt force injuries to his spine. He was immediately transported to Maricopa Medical Center where he died three days later from those injuries.

You might think that Thomasson’s death was a freak accident, but child injury attorneys in Phoenix assure you that accidents at these popular indoor facilities are common, may be serious, and are on the rise. The American Academy of Orthopaedic Surgeons advises against trampolines: “We do not recommend recreational use of trampolines,” says orthopedic surgeon Jennifer Weiss at Children’s Hospital in Los Angeles.

 

Trampoline Parks Are Largely Unregulated

As reported by child injury and safety attorneys, Phoenix area indoor trampoline parks, although clearly recreational, skirt safety regulations because the equipment they use is not regulated. Arizona does regulate amusement parks, but trampoline parks are not regulated because they use playground equipment. In Arizona, these recreational facilities must pass fire, structure, and sprinkler safety inspections, but are not inspected for their gym, athletic, and trampoline equipment – in this way they escape amusement park regulations.

These trampoline parks seldom require safety training certification of their staff. Compare that to our Phoenix area schools, where tumbling and gymnastics instructors are typically required to have extensive training and certification because of the risk of injury to children.

 

Trampoline Parks Attempt To Escape Liability with Waivers

Since Thomasson’s accident, police are continuing their investigation into his death at the newly opened SkyPark facility. Like all participants at these trampoline parks, Thomasson signed a waiver which excused the owners and operators of the trampoline park from any liability for his injuries.

Sky Zone Indoor Trampoline Park offers franchises and claims to be the “creator of the world’s first all-trampoline walled playing court.” It has many parks across the country, including one on Larkspur Drive in Peoria. The Sky Zone Peoria offers this notice and disclaimer on its website:

“All participants must have a valid Sky Zone waiver completed/signed prior to entering the Sky Zone playing court. Those under 18 must have their waiver signed by their parent or legal guardian. Jumping on the Sky Zone playing court is a fun & fit activity for just about any age, shape or ability. However, it is a physical activity and there is the potential for injury. Sky Zone asks you to please HAVE FUN, but FLY SAFE during your visit. Please adhere to court rules and participate within your own physical abilities. Please visit our FLY SAFE web page for more information on court rules and safety.”

By offering rebates, Sky Zone Peoria encourages the use of its facility for school fundraising and charitable events similar to the one that ended with Thomasson’s death. “For every paid admission attending your group’s event, your organization will receive a $3 rebate from Sky Zone.”

Sky Zone even has a special for those parents who want to bring their toddlers: “TODDLER TIME – EVERY DAY! Want to jump with your toddler…? [T]ry our Toddler Court… and accompanying adult jumps for free!” Our Phoenix child injury and safety attorney recommends that you follow the advice of the American Academy of Orthopaedic Surgeons and avoid taking toddlers to trampoline parks.

Another indoor trampoline park, Jump Street, has locations in Chandler and Glendale, Arizona. The Jump Street waiver policy is simple: “no waiver, no admission.” According to Fire Chief Brad Miller, Jump Street Chandler alone has had 31 ambulance responses since January of 2010. But it isn’t just SkyPark, Sky Zone, and Jump Street – other trampoline indoor amusement parks include Airworx, Flip Dunk Sports, Sky High Sports, Rebounderz, and Xtreme Trampolines, to name a few.

If your child has been injured in a trampoline accident, contact the Law Offices of Shane L. Harward immediately at 480.874.2918 for a Free initial telephone consultation.

 

Resource:

Phoenix Man Dies after Spinal Injury at Indoor Trampoline Park

http://www.ksdk.com/news/article/319311/3/Trampoline-injuries-on-radar-of-insurance-companies

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