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View Full Version : What to do when a neighbor kid gets hurt on your tramp?


apeyh1
08-01-2011, 05:04 PM
Has anyone had this happen before? How did you handle it?

joshmamabear
08-01-2011, 05:56 PM
God forbid but if that happens to us, I (if I have to attend to child first, will ask someone to do it for me) will notify the parents/guardians IMMEDIATELY. Depending on nature of injury, I may have to call 911 for an ambulance in case of life threatening injury or possible spinal injury. Meanwhile, I will stabilize the kid first and foremost (I have medical training) and wait for parents/guardians so we can plan next move. The most important thing is to assess the kid's condition and do whatever needs to be done immediately.

Legal action, if any is being contemplated should not be discussed until the child is stabilized and given necessary medical care.

utmom24
08-01-2011, 06:24 PM
My DD got hurt on our friends tramp. She came running to us that her arm was hurting (we were there, it was a big neighborhood party). Said she was trying to get off the tramp due to there being way to many people on there (so I guess really she got hurt jumping off, and put her arms down), anyway, I took her to the Instacare just to be safe as we were going out of town. I never thought twice about the fact that we would be paying for it. I mean, we let her jump on their tramp and knew that things can/could happen. It was not the home owners fault in anyway. Thankfully she didn't break it, it was just a bad sprain.

djp4msp7
08-01-2011, 07:22 PM
I guess technically they could sue you since it happened on your property. If it was MY kid that got hurt on a friends tramp, I would take them to the dr. and I would not even think to go after my neighbor for compensation. I have a tramp but I don't let anyone jump on it unless their parent is here supervising or they are a family member and I am out supervising. Even so, accidents happen and I suppose they could sue me :nixweiss:

Jennie
08-01-2011, 07:35 PM
FYI- I've heard it's not typically the family that sues, but their insurance company if they even hear that there was a tramp involved.

tylervern
08-01-2011, 08:20 PM
My 4 yr old DD just broke her wrist when she fell off our neighbors tramp 2 days ago! Of course we would never sue because that's not our thing. As far as the insurance company goes I don't think they would. They didn't even ask "who's" tramp it was.

pinkypoodles
08-01-2011, 08:45 PM
my ds broke his collar bone a year ago at a neighbors house....our insurance company sent us numerous letters because they wanted to go after the home owners insurance- we just ignored it and they stopped asking.

But my nephew has had 2 accidents and both times the insurance company wouldn't pay the bill until they got the information on the home owners insurance.

There is no way i would sue my neighbor- because it in a way it was my fault for letting him jump and not watching him- definitely not the neighbors fault.

I guess it's up to your neighbor as to how far they will take it- hopefully they are covered with insurance. Having a trampoline is such a pain- along with having a pool, tragedy can happen...we don't own either anymore because of the risks.

slkemommy
08-01-2011, 09:01 PM
My 4 yr old DD just broke her wrist when she fell off our neighbors tramp 2 days ago! Of course we would never sue because that's not our thing. As far as the insurance company goes I don't think they would. They didn't even ask "who's" tramp it was.

I'll bet they will.... eventually... and then they'll charge your neighbor their homeowners insurance deductible. Which is why I avoid saying exactly "where" my child gets hurt. (I've dealt with this twice and learned my lesson)

lodderd
08-01-2011, 09:07 PM
I'll bet they will.... eventually... and then they'll charge your neighbor their homeowners insurance deductible. Which is why I avoid saying exactly "where" my child gets hurt. (I've dealt with this twice and learned my lesson)

Yep, and they'll look to your neighbor's homeowners insurance to pay for the bill. Then the homeowner's policy could be cancelled because they have a tramp. It's a shame that you can't just be honest, but it gets crazy. That's why we're VERY selective about who gets to jump on our tramp.

tylervern
08-01-2011, 09:42 PM
OK now you guys have me nervous. This just happened days ago so I haven't heard from the insurance yet. I really don't want them going after my neighbors, especially since we don't have fences and it's like they play on our swingset we jump on their tramp. I will be sure to let you all know if I hear anything from the insurance.

lodderd
08-01-2011, 10:25 PM
OK now you guys have me nervous. This just happened days ago so I haven't heard from the insurance yet. I really don't want them going after my neighbors, especially since we don't have fences and it's like they play on our swingset we jump on their tramp. I will be sure to let you all know if I hear anything from the insurance.

Sorry, I wasn't trying to scare you. I'm just saying that if you were my neighbor, and the accident happened on my tramp, I'd REALLY appreciate it if you didn't give that info to your insurance company.

Ams
08-02-2011, 12:31 AM
This is what happened to us last year. Here is our story: The neighborhood girl came over to jump with my kids and she tried to do a flip off the tramp and run into us crying. She said her neck hurt so I picked her up and took her home. Come to find out she did fracture her neck and it was bad. She was 4 so we were really worried. I called and made a homeowners claim to be safe. I heard it could be worse if you don't. They asked if the tramp was fenced in and what we plan to do with the tramp. We said get rid of it and that is why our insurance didn't drop us.
The insurance company paid our neighbors $1,000 if they signed a form releasing us of any liability. The girl recovered just fine, so that is the best. We did learn that tramps are too big of a liability!!
Good luck with your situation.

apeyh1
08-02-2011, 12:37 AM
Thanks for all your input. We have a neighbor kid whose mom moved out and his dad is working a lot, so I try to let him come over as much as possible and he does all the things my kids do including jumping. Over the weekend while I was outside with all the kids, he jumped off our tramp and landed funny on his foot. He cried hard which he usually doesn't do and did not want to walk on it. I could not see any visible signs of trauma on his foot. I had DH carry him home and explain what happened to his 14 yr. old sister who was home at the time. Today I went to check on him and he still won't walk on it. He said his dad has not taken him to the Dr. I feel so bad for the little guy, but don't know what to do at this point.

apeyh1
08-02-2011, 12:39 AM
This is what happened to us last year. Here is our story: The neighborhood girl came over to jump with my kids and she tried to do a flip off the tramp and run into us crying. She said her neck hurt so I picked her up and took her home. Come to find out she did fracture her neck and it was bad. She was 4 so we were really worried. I called and made a homeowners claim to be safe. I heard it could be worse if you don't. They asked if the tramp was fenced in and what we plan to do with the tramp. We said get rid of it and that is why our insurance didn't drop us.
The insurance company paid our neighbors $1,000 if they signed a form releasing us of any liability. The girl recovered just fine, so that is the best. We did learn that tramps are too big of a liability!!
Good luck with your situation.

Oh gosh, that is awful! I'm so glad everything worked out ok.

4crazyboyz
08-02-2011, 08:33 AM
Yep, and they'll look to your neighbor's homeowners insurance to pay for the bill. Then the homeowner's policy could be cancelled because they have a tramp. It's a shame that you can't just be honest, but it gets crazy. That's why we're VERY selective about who gets to jump on our tramp.

I agree with this 100% and have heard of it happening. That's why they are so adamant in the ER about asking you where the accident occurred. If you don't tell them the insurance company will most definitely be contacting you. Most homeowners policies also require you to report to them if you have or buy a trampoline and of course most people do not do this to begin with so you can have trouble that way as well.

mom24boys
08-02-2011, 11:11 AM
DS broke his leg on my parents tramp. 25 yrs and no injuries until my son comes along. Of course the #1 rule was broken- only 2 on at a time. Anyway our insurance company asked, we told them it was my parents tramp. They wanted more info to make them pay. I said no way and refused to give it. I said we were there and accidents happen. That's why I have insurance. I warned my mom but nothing else came of it. They didn't have contact info so I guess they wouldn't know who to go to anyway.....

lardchar
08-02-2011, 12:59 PM
The only kid who ever got hurt was jumping with her mom when she broke her leg....mom paid for it without even saying a word. Now we are SUPER careful about who gets on the tramp. BUT we have neighbor kids who will come into the yard and use it even when we aren't home. (AFTER we have told them dozens of times not to come over when no one is home!)

CouponLaydee
08-02-2011, 02:04 PM
I had a neighbor that had consent forms when I was little. If we wanted to jump we had to have one of our parents sign the form. I thought it was funny back then, but now I know why. I guess it was smart!

DezaRay24
08-02-2011, 03:02 PM
I had a neighbor that had consent forms when I was little. If we wanted to jump we had to have one of our parents sign the form. I thought it was funny back then, but now I know why. I guess it was smart!

See that's what i always thought was a good idea. That way the parents know that if anything was to happen while their child was on the tramp that they couldn't come after you to pay for it. I know not everyone is sue happy but now a days you can't tell. Lots of people out looking for a quick buck or two.

Blueeyes
08-03-2011, 06:44 AM
I had a neighbor that had consent forms when I was little. If we wanted to jump we had to have one of our parents sign the form. I thought it was funny back then, but now I know why. I guess it was smart!


My parents always required a consent form. It was so embarassing. But, now I see that my parents were smarter than I thought they were. :-dazzed-:

4crazyboyz
08-03-2011, 10:44 AM
I had a neighbor that had consent forms when I was little. If we wanted to jump we had to have one of our parents sign the form. I thought it was funny back then, but now I know why. I guess it was smart!

I was told by a lawyer that having a consent form may deter someone from suing you, but that it doesn't really negate liability in court. So basically if they decide to go ahead and pursue it, your consent form won't hold up in court (can anyone confirm this?). Also, it doesn't stop their insurance company from going after your homeowners etc.

pinkypoodles
08-03-2011, 11:56 AM
I was told by a lawyer that having a consent form may deter someone from suing you, but that it doesn't really negate liability in court. So basically if they decide to go ahead and pursue it, your consent form won't hold up in court (can anyone confirm this?). Also, it doesn't stop their insurance company from going after your homeowners etc.

I figured this too. It really doesn't work because it's a human being at risk not ones property- i think different rules apply to a living person injury and that these contracts don't apply. Same with a worker on your property- if they get hurt they can sue you or your home owners insurance if they aren't properly covered by workmans comp.

If you own a trampoline you need to take responsibility to either lock it up tight and go to the extreme of calling the police if you see anyone jumping on it or take the risk. I am so glad we got rid of ours!

Karin
08-03-2011, 12:05 PM
I think it is important to realize that there is a difference here between a "greedy" lawsuit and filing an insurance claim. If the injured person's own insurance will not cover the child's injury and they must go to the trampoline owner's insurance to cover the injury, that is what insurance is for. I'd never expect someone to pay $1,000s of dollars in medical bills vs. asking my insurance to pay for it.

apeyh1
08-03-2011, 12:09 PM
I was told by a lawyer that having a consent form may deter someone from suing you, but that it doesn't really negate liability in court. So basically if they decide to go ahead and pursue it, your consent form won't hold up in court (can anyone confirm this?). Also, it doesn't stop their insurance company from going after your homeowners etc.

I know a lawyer who told me the same thing.

Dori
08-03-2011, 12:17 PM
The trampoline jumping businesses have you sign a waiver before your kids can jump.
Different than a consent form?

I'm with Karin. If my kid got hurt on someone else's tramp, I'd go with my own health insurance. If that was inadequate and the extra cost would cause a serious hardship for our family, I'd make a claim against their homeowner's insurance.
And I would harbor no hard feelings in the reverse situation.

Jumping is a risk. Owning a tramp AND/OR allowing others to use it is a risk.
You either agree to the risk or not and make your decisions based on that I guess.

lodderd
08-03-2011, 01:12 PM
I'm with Karin. If my kid got hurt on someone else's tramp, I'd go with my own health insurance. If that was inadequate and the extra cost would cause a serious hardship for our family, I'd make a claim against their homeowner's insurance.

One thing I didn't realize until I had a trampoline and did some research is that the health insurance co is the one who will go after the homeowner and their insurance company. It's really not your choice to have your insurance company pay.

If you give them or your provider info that it happened on a trampoline, and the owner's name and address, they may go after the homeowner so that they are not the ones who have to pay.

And my BIL, who is an attorney and has a trampoline in his yard, has neighbors who jump on his tramp sign a waiver, but says it won't actually relieve you of the liablilty.

LBK
08-03-2011, 01:16 PM
My brother broke his neck and his back on the neighbors trampoline. It was awful! My parents didn't sue and the insurance didn't ask.

joshmamabear
08-03-2011, 01:55 PM
I was told by a lawyer that having a consent form may deter someone from suing you, but that it doesn't really negate liability in court. So basically if they decide to go ahead and pursue it, your consent form won't hold up in court (can anyone confirm this?). Also, it doesn't stop their insurance company from going after your homeowners etc.I was given the same information so that any consent from a third party does not get me off the hook for liabilities should anyone get injured within my property. Owning a trampoline is more of a liability as far as home insurance is concerned.

joshmamabear
08-03-2011, 02:04 PM
My brother broke his neck and his back on the neighbors trampoline. It was awful! My parents didn't sue and the insurance didn't ask.How long ago was this? If is it still within a prescriptive period, you don't have to sue the neighbor but then it will be their home insurance that will have to shoulder medical expenses you have incurred, if any. That is just an option and your parents may choose to opt out of it.

This is one reason why the ER ask a lot of questions involving trampoline injuries since this falls under medico legal cases. If the injured is using a health insurance in this case, the insurance company would like to know since there is another party they can pass it on to pay the medical bills. This will then fall on the neighbor's homeowner's insurance, instead of the injured's health insurance policy. In cases where they have no insurance, they now have an option to find a party who will have to shoulder their expenses without it being the neighbor (directly). Of course, the neighbor will still be affected if their insurance pays since their premiums will definitely be increased or worse, they may be dropped by insurance altogether.

Karana
08-03-2011, 02:07 PM
Just out of curiosity - have any of you who have trampolines talked to your home owner's insurance specifically about the trampoline? I was curious so I did a little research, and I guess some insurance companies actually have waivers and things that can exclude all trampoline injuries from being covered under your policy. I guess you are supposed to tell them if you have a trampoline, but I wonder what happens if you don't tell them and an injury happens?

joshmamabear
08-03-2011, 02:35 PM
Just out of curiosity - have any of you who have trampolines talked to your home owner's insurance specifically about the trampoline? I was curious so I did a little research, and I guess some insurance companies actually have waivers and things that can exclude all trampoline injuries from being covered under your policy. I guess you are supposed to tell them if you have a trampoline, but I wonder what happens if you don't tell them and an injury happens?I don't have one and not planning to get one.

That's a good question but my guess is they will still have to pay if there is a claim on their client's home insurance. THEN, they deal with their client by either raising their premiums or they just drop them. NOW, in case one is dropped, I don't know if it will make it difficult for the homeowner to find another insurance company even if they are willing to pay high premiums just to get home insurance.

lodderd
08-03-2011, 02:46 PM
Just out of curiosity - have any of you who have trampolines talked to your home owner's insurance specifically about the trampoline? I was curious so I did a little research, and I guess some insurance companies actually have waivers and things that can exclude all trampoline injuries from being covered under your policy. I guess you are supposed to tell them if you have a trampoline, but I wonder what happens if you don't tell them and an injury happens?

I would love to know more about this. If a waiver that would hold up exists, I would certainly love to have a copy of it. To me it seems crazy that there isn't a form a reasonable adult could sign saying that they accept responsibility for whatever happens, if you are nice enough to let them or their kids play on your trampoline (like gymnastics places do).

Karana
08-03-2011, 02:53 PM
I would love to know more about this. If a waiver that would hold up exists, I would certainly love to have a copy of it. To me it seems crazy that there isn't a form a reasonable adult could sign saying that they accept responsibility for whatever happens, if you are nice enough to let them or their kids play on your trampoline (like gymnastics places do).

I used the wrong terminology... sorry. I guess I was thinking about exclusions - meaning some insurance companies don't cover trampolines.

I found this article from AllState: http://www.allstate.com/tools-and-resources/home-insurance/trampolines-and-tree-houses.aspx

I guess some companies cover trampolines (and the resulting injuries) just fine. Others will, with appropriate safety precautions (pads, and possibly a locked fence around the yard, and more...), and other companies don't cover trampolines at all.

lodderd
08-03-2011, 03:17 PM
I used the wrong terminology... sorry. I guess I was thinking about exclusions - meaning some insurance companies don't cover trampolines.

I found this article from AllState: http://www.allstate.com/tools-and-resources/home-insurance/trampolines-and-tree-houses.aspx

I guess some companies cover trampolines (and the resulting injuries) just fine. Others will, with appropriate safety precautions (pads, and possibly a locked fence around the yard, and more...), and other companies don't cover trampolines at all.

I think you said it well, but I misread it.

This info makes me wonder if your homeowner's policy excludes coverage of injuries on your trampoline, does the other insurance company come after YOU, the homeowner, instead? It's all pretty scary.

Karana
08-03-2011, 03:24 PM
I think you said it well, but I misread it.

This info makes me wonder if your homeowner's policy excludes coverage of injuries on your trampoline, does the other insurance owner come after YOU, the homeowner instead? It's all pretty scary.

Exactly what I was thinking. I don't see why they couldn't come after you either.

I've been looking through Utah's laws (why I do this, I don't know! torture!) and haven't found anything that seems to apply. I did notice, however, that apparently if you get injured while skiing, you can't hold the ski resort responsible. The basis is that the risks are obvious, and by participating in the sport you accept the inherent risks associated with it. It seems like the same logic should apply to trampolines...

dahumpherys
08-03-2011, 04:17 PM
Your homeowners insurance is for injuries that happen on anyones property with or without a trampoline. For instance if someone is at your house and they slip on ice in the driveway your homeowners is the insurance they are going to go after, not your own health insurance. This has happened to our in laws twice. Trampolines just have more injuries.

joshmamabear
08-04-2011, 09:16 AM
This is not tramp related injury but my neighbor held a garage sale and a child got poked by a nail in the wall of her garage. The kid's parents didn't sue her but the insurance of the victim came after her home insurance to pay for the medical bills they incurred.

My neighbor said their premium went up after that so she has decided NO more garage sales for her since she can't control and can't expect adults to monitor their kids. We cannot be too trusting these days that people who get hurt within our property will not hold us liable for their injuries.

Leggs
08-04-2011, 09:50 AM
Wow. My husband has been absolutely adamant that we cannot own a tramp. I've been thinking he's a stick in the mud, but now I agree with him!

utmom24
08-04-2011, 02:34 PM
Wow. My husband has been absolutely adamant that we cannot own a tramp. I've been thinking he's a stick in the mud, but now I agree with him!

So has my husband. Last year we got one from a neighbor (a serious hand me down), it was dead by the end of summer so we threw it out (it was me pusing for it, and he agreed,probably to shut me up, lol). And the kids are now wanting a new one, but now i'm thinking against it.

apeyh1
08-04-2011, 03:18 PM
Luckily the neighbor kid is fine now. I'm so glad that he is ok. Having a tramp is a huge responsibility. I was curious however based on the discussion in this thread and asked the attorney I know about it. He said if an individual or insurance company decided to come after you, they have to prove negligence, for example, if kids were jumping on a damaged tramp, kids jumping without their parentsí permission (I guess this is where consent forms may come in handy not to absolve liability but to prove the parentsí acknowledgment), or if there are more kids jumping than recommended by the tramp manufacturer.

kidsmom928
08-04-2011, 03:25 PM
Wow. My husband has been absolutely adamant that we cannot own a tramp. I've been thinking he's a stick in the mud, but now I agree with him!

Ditto.

Krispie
08-04-2011, 04:48 PM
A relative had some water damage in their house. The insurance guy came over to look at the damage and noticed they had a trampoline. The insurance company dropped them right away and didn't even cover the water damage.

If you have a trampoline it is a good idea to talk with your home owners insurance, just in case.

joshmamabear
08-04-2011, 05:48 PM
A relative had some water damage in their house. The insurance guy came over to look at the damage and noticed they had a trampoline. The insurance company dropped them right away and didn't even cover the water damage.

If you have a trampoline it is a good idea to talk with your home owners insurance, just in case.Yikes!

I understand why they would drop client BUT why would they not cover the water damage? I'd appeal that part for sure UNLESS they can prove that there was deception on my part to conceal info about owning a tramp. M2C.

budgetmom
08-04-2011, 06:25 PM
Yikes!

I understand why they would drop client BUT why would they not cover the water damage? I'd appeal that part for sure UNLESS they can prove that there was deception on my part to conceal info about owning a tramp. M2C.

It could have invalidated their policy had they not informed their company they HAD a trampoline. Which means it was like they never had anything.