Legal Question in Personal Injury in Illinois
I have a trampoline and we had a friend and her daughter over. While my wife and I were in the house doing dishes after we all ate, she allowed her child with my children onto the trampoline under her supervision. While my children were sitting on the trampoline, her child jumped and came down awkward on her leg and had fractured her leg just below her knee. Are we liable for the injury since we were unaware she let her child on the trampoline and she was the one supervising? Mind you, her child had a previous injury on the same trampoline (nothing broken, just a twisted ankle).
3 Answers from Attorneys
Sports are often treated a little differently, because there's such a thing as assumption of risk. Especially where the child's mother is present and has impliedly consented to her daughter playing on the equipment and knew or should have known of the possibility of personal injury. Now if the equipment was defective it would be a different story, but assuming it met whatever the current standards are for that kind of equipment, my immediate impression is that the child's parents' health insurance is responsible. But you might want to check with your homeowner liability insurance agent and find out whether you are covered for this situation anyhow, because you may be asked to put a claim in for the child and you're in a better position if you know ahead of time.
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Assuming that you have homeowners insurance, the girl is covered under the medial payments provision to the extent of your limits under that provision. Wheter you are liable for her injuries due to any alleged negleigence on your part is a different question that is rather complex. Steve did touch on some of the issues. I suggest that you contact your homeowners insurance company as immediately and let them handle this. Good luck.
If you have had a prior injury on your trampoline, why in the world do you still have it? If you have not already done so, notify your insurer immediately because this is a very serious claim. Do not be surprised if you are non renewed because of this loss.