Trampoline Park Waiver “Unenforceable”
Posted: March 16, 2015
Posted in: Gym & Leisure Centre Accidents Neck Injuries Public Place Accidents
A waiver signed by customers injured in a new trampoline park in Edinburgh preventing them from taking legal action may be “unenforceable” under Scots Law.
The park, Ryze, saw over 100 injuries in less than three weeks from when it opened its doors. The document, which was offered to customers before they began their jumps may not be compliant with Scots Law according to a report from the Edinburgh Evening News.
Duty Of Care
The park has been subject to a number of serious injuries such as broken limbs and a broken neck. Ryze, based in Dalkeith has also become the subject of an inspection by Edinburgh health and safety officials.
According to legal experts, any attempt to remove liability from activities like trampolining is “void” and “completely meaningless” with organisers having a “duty of care” regardless of any waiver.
When people are injured but sign a waiver, they often believe that they have less rights than they actually do, however even if you have signed a waiver, if you have been injured as a result of a company failing in their duty of care you will be able to make a claim.
Below Average
Despite the high number of injuries in three weeks, the chief executive of the trampoline park, Case Lawrence, believes that Ryze are correct regarding their legal position, and that the number of injuries work out at a ratio that is lower than the industry average. Indeed, Mr Lawrence believes that the high number of injuries are due to the high number of visitors in the park and first-time visitors not knowing or following the safety rules in place.
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