Indoor trampoline parks are popular across Chicago, Cook County, and Lake County. High-velocity bouncing, crowded jump courts, and foam pit activities also create real hazards for serious injuries, including complex bone fractures, spinal trauma, and traumatic brain injuries. When a severe injury occurs, parents are often told by park management that a signed waiver eliminates any claim. In Illinois, that is not always true.
Do trampoline park liability waivers hold up under Illinois law?
Before entering a commercial jump facility, patrons or parents of minor children are typically required to sign an electronic liability waiver stating that participants assume all risks and waive the right to sue. Under Illinois contract law, pre-injury liability waivers are generally enforceable but are strictly construed against the party relying on them. Two important limitations apply.
First, under established Illinois public policy, a parent or legal guardian generally cannot waive a minor child’s personal injury claims before an injury occurs. While an adult may waive their own right to sue for ordinary negligence, a waiver signed by a parent on behalf of a minor may be held unenforceable as to the child’s independent claim.
Second, liability waivers in Illinois can only protect against claims based on ordinary negligence. They cannot shield a business from liability for gross negligence, willful and wanton conduct, or intentional misconduct. If a facility knowingly ignored dangerous equipment defects, failed to address torn springs, or allowed dangerous overcrowding in violation of applicable safety standards, the waiver will not bar recovery.
Establishing negligence in trampoline park injury cases
To hold a commercial facility liable, the injured party must prove that the operator breached its duty of reasonable care. Common operational failures that can support a personal injury claim include:
- Inadequate staffing and supervision: failing to station trained floor monitors to enforce age or weight restrictions on multi-person trampolines, allowing double-bouncing collisions between mismatched jumpers
- Equipment defects and deferred maintenance: failing to inspect and replace worn padding, exposed steel springs, or deteriorated foam pit blocks
- Unsafe facility design: placing trampolines too close to unpadded perimeter walls or hard walkways
- Failure to warn: omitting clear signage about the risks of double-bouncing, flips, or overcrowding
Each of these failures, when connected to a resulting injury, can support a viable negligence claim against the facility operator.
Product liability and third-party claims
In some trampoline park accidents, liability extends beyond the facility to equipment manufacturers, installers, or third-party maintenance contractors. Under Illinois product liability law, if an injury was caused by a design defect, manufacturing flaw, or mechanical failure in the trampoline apparatus or safety netting, the injured party may pursue a strict liability claim against the manufacturer or distributor without needing to prove the park operator’s fault.
Frequently asked questions about trampoline park injury claims in Illinois
What if my child was hurt after double-bouncing with another jumper?
Double-bouncing occurs when one jumper’s impact transfers energy to another, launching them unexpectedly into the air or mat with significant force. If facility monitors failed to enforce posted rules separating jumpers by size or age, the facility may be held liable for negligent supervision.
How long do I have to file a trampoline injury lawsuit in Illinois?
The general statute of limitations for personal injury lawsuits in Illinois is two years from the date of the injury. If the injured party was a minor at the time of the incident, the two-year period generally does not begin until their 18th birthday.
Does Illinois comparative fault apply to trampoline accidents?
Yes. Under Illinois modified comparative fault rules, an injured party can recover compensation as long as their share of fault is 50% or less. If a jury determines that a jumper was partially at fault for engaging in prohibited tricks, their total recovery will be reduced by their assigned fault percentage.
Talk to a Chicago personal injury attorney today
Preserving video surveillance footage from the facility, securing maintenance logs, and interviewing staff members early are all important steps in building a strong claim. Shapiro, Cohen & Basinger, Ltd. has represented injured individuals and families across Chicago, Cook County, and Lake County since 1978. Every case is prepared as if it will go to trial, and all cases are handled on a contingency fee basis. Call 312-263-3443 for a free, confidential case evaluation, or visit the firm’s premises liability page to learn more.