Buying a backyard trampoline for the family can be exciting. You want to see your children laugh and burn off energy, but a split second can turn a fun afternoon into a medical emergency. A structural collapse or a ripped safety net can leave your child with a serious injury.
You might be blaming yourself for this freak accident, but trampoline injuries can occur because of defects. Understanding your rights as a parent is important.
Your protection under Alabama law
The Alabama Extended Manufacturer’s Liability Doctrine (AEMLD) allows you to hold manufacturers liable for selling unreasonably dangerous or defective products. For trampolines, this can include the snapping welds under normal weight limit and disintegrating safety nets under ordinary sunlight conditions. These are signs that the manufacturer failed you.
The truth about warning labels or liability waivers
Did you sign a waiver when you bought the trampoline? Did you see the wall of warning labels printed on the safety pads? Do not let those discourage you.
In Alabama, a manufacturer cannot print a warning label to legally excuse themselves from selling a fundamentally broken or poorly engineered product. A waiver cannot sign away a company’s legal obligation under the AEMLD to build a safe product.
Actions you need to take after the trampoline accident
Here are the recommended steps you can take:
- Avoid fixing or throwing the trampoline away.
- Secure the trampoline to preserve it exactly as it was at the moment of the incident.
- File a product liability claim as soon as you can.
Alabama has a two-year statute of limitations for defective product claims. Missing this window can result in losing your right to seek compensation.
Building a claim with legal assistance
Proving that the trampoline was defective after buying it is the main goal of your AEMLD claim. However, the process of securing objective evidence can be difficult to navigate alone. Seeking legal guidance from a product liability attorney is advisable.