A man in Twin Falls, Idaho, suffered debilitating injuries from a terrible accident earlier this year after jumping and attempting tricks on a trampoline with his son at a friend’s backyard barbecue, KMVT reported in November.
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The accident that left the man paralyzed from the neck down is one of many trampoline injuries that occur each year in the U.S. and Canada. In August, a 16-year-old boy was partially paralyzed after landing head-down while practicing flips on a friend’s backyard trampoline in Westfield, Indiana, WTHR reported.
The incident is a heartbreaking story. … I do not think most homeowners realize how risky owning a trampoline can be.
When a guest is injured on a homeowner’s trampoline, the owners of the home could be sued, potentially triggering coverage under their Homeowners Insurance.
“Such an accident could be very costly,” said Deanne Taylor, Manager, St. John’s, Atlantic Division, Burns & Wilcox, St. John’s, Newfoundland and Labrador, Canada. “The standard Homeowners Insurance policy usually covers between $1 million and $2 million in liability. If it is a severe injury and the homeowner is found to be negligent, $1 million could be a drop in the bucket.”
Trampoline injury lawsuit costs ‘could be in the millions’
According to the medical journal Pediatric Emergency Care, 800,969 children in the U.S. were treated between 2009 and 2018 for trampoline injuries, 54.2% of which occurred at home. Upper and lower extremity injuries were the most common, followed by head and neck injuries. Adolescents and girls had an increased risk of injury requiring hospitalization. In Alberta, Canada, more than five children visit emergency departments each day due to trampoline injuries, according to Alberta Health Services.
Although less data is available on trampoline injuries among adults, a 2022 report in the International Journal of Environmental Research and Public Health found that the increased popularity of trampoline use among adults in recent years caused a significant rise in adult trampoline-related injuries. Most trampoline injuries in individuals 16 and older are minor, the report noted, but severe injuries could result in long-term disabilities.
There is a common misconception that trampolines are safe, Taylor said. “The general public often does not know how fast and easily someone can get hurt on a trampoline,” she said. “Health care workers know how unsafe trampolines are — even with the bumpers and the netting.”
The lack of public awareness can put homeowners and their guests at risk, Bright agreed. “Things you would not necessarily think are dangerous activities can turn dangerous pretty quickly. I would not expect any homeowner to have a full grasp of what they are signing up for when they purchase a trampoline,” he said.
If the owner is found negligent — even if that individual was not an invited guest — the damages could be in the millions.
The potential injuries that can occur due to trampoline use “can be life-altering,” Taylor said, and settlements paid to injured individuals could easily exceed a $1 million or $2 million liability limit on a Homeowners Insurance policy.
“If it is a catastrophic injury to an adult in the prime of their life with 30 years of income left in front of them, $2 million might not even begin to cover the damage award,” she said. “If the owner is found negligent — even if that individual was not an invited guest — the damages could be in the millions.”
Ultimately, that is what the Homeowners Insurance is for — to cover the homeowner for unforeseen losses like this.
These amounts, which can be covered by Homeowners Insurance and Personal Umbrella Insurance, may include medical expenses or lost future income. “That is just the financial side,” Taylor explained. “After the case is settled, you may also have to face damage to your reputation. In addition, you might have a problem even obtaining Homeowners Insurance after having a claim of that nature.”
Personal Umbrella Insurance is important because it can provide additional liability limits beyond what is offered on the Homeowners Insurance policy, Bright said. Although claims related to trampoline injuries can be “quite costly,” he said, “ultimately, that is what the Homeowners Insurance is for — to cover the homeowner for unforeseen losses like this.”
Some insurance policies may not cover trampoline injuries
According to the American Academy of Orthopedic Surgeons, common trampoline injuries include sprains and fractures, often resulting from falls, collisions with other jumpers, “stunts gone wrong,” and other factors. The organization notes that trampoline use is not recommended for anyone under 6 years old.
In addition to homeowners, trampoline parks have also been sued related to trampoline injuries. For example, a man who broke both legs at a trampoline park in Edison, New Jersey, in 2014 reached a $1.25 million settlement with the park in 2020, NJ.com reported. In Texas, the family of a 14-year-old girl who broke her legs at a trampoline park in Sugar Land filed a lawsuit against the park, the Houston Chronicle reported in 2022.
Some markets will not write a policy for liability if there is a trampoline on the premises.
Although any homeowner could be sued following a trampoline injury that occurs on their property, not all Homeowners Insurance policies would cover trampoline injuries, Taylor said. How a policy may respond to a trampoline-related lawsuit is dependent on the specific policy wording.
“Some markets will not write a policy for liability if there is a trampoline on the premises,” she said. “The markets are seeing more awareness on just how dangerous trampolines can be and the size of some of the cases going through the courts.”
This is information that homeowners should seek out before placing a trampoline on their property. “The last thing you want is to be put in a situation where you have an unfortunate accident and realize you have no insurance coverage at that time,” Bright said. “Once an accident happens, it is out of the homeowner’s control — they will not have the option to decide if they want the coverage or not.”
Even if trampoline coverage is included in a policy, there could be a separate sublimit for this type of exposure, he added. “A lot of insurance carriers have identified these as being a tough thing to insure, so they might sublimit the coverage, reduce it, or totally remove the trampoline coverage,” he said. “All carriers can be different in what they decide they want to offer. That can be difficult for a homeowner to navigate, which is why you want to have a broker to speak with about these risks.”
Protecting your home, guests
Reading a policy in full is always advised, and a knowledgeable insurance broker can help walk a homeowner through key coverage details. In addition to trampolines, homeowners should also tell their broker about pools, pets, golf carts and other potential risks on their property.
By knowing the details of a homeowner’s risks, the broker can tailor coverage for you, Bright said. “It is always a great idea to have a conversation with your broker to list your exposures and get the correct coverage. Otherwise, you could find yourself in a real bind,” he said.
Unfortunately, according to Bright, many homeowners do not have a relationship with an insurance broker and may not be having these important conversations. “That is what my biggest advice would be — read your policy and then have an ongoing conversation with the carrier and your broker with regard to getting the correct coverage that you need,” he said.
Although it may be safer for homeowners to avoid trampolines completely, those who already have a trampoline on their property or will be adding one soon should take as many precautions as possible, Taylor suggested.
“If you choose to have one, there are ways you can make it safer,” she said. “You examine it regularly, looking for signs of stress, damage, or possible corrosion. You can buy and install any protective equipment available to make it as safe as possible, such as nets and bumpers that cover the metal springs and hooks. It should also be in a fenced and locked backyard.”
Trampolines are considered an “attractive nuisance,” Taylor said, meaning they may attract children or others who might not recognize the danger, and the homeowner could still be held liable for injuries.
“Neighborhood kids can wander into your backyard and use it while you are not home. Even though you did not invite them, there is still a duty of care for trespassers,” she said. “You could be deemed negligent because you should have done what you can to prevent kids from being able to access that equipment.”
