My older brother was using the trampoline in our back yard last week and fell off and broke his arm. I'm only 13 so I'm not doing anything about it but my parents were wondering if they could sue the trampoline manufacturer. Can you sue in that kind of case? Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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trampoline injury law suit
It's always difficult to answer a question like this, because when attorneys evaluate a potential claim they must look at the specific facts of the incident. In other words what, exactly, happened? If the trampoline had no design defects, functioned properly, and provided relevant warnings or disclaimers on the unit or in the owners manual, then it is much more difficult to succeed in a law suit against the manufacturer. On the other hand, if some design defect or manufacturing flaw caused your brother's injury, then his likelihood of success in such a suit is much greater.
FYI. On October 7, 2010, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of Bravo Sports Trampolines. These units were sold under the AirZone and Variflex brand names. Apparently, the rails and legs of the trampolines bent or broke under normal use. Clearly, if your brother was using one of those models, it could be relevant to his success. Bottom line: As in other personal injury cases, the best advice I can give your brother is to recommend that he talk to a Massachusetts personal injury lawyer. She can go over the specifics of the incident with your brother and your parents and help determine if a law suit should be filed. Good luck.