Legal Question in Personal Injury in Ohio
Posting Signs
I have a trampoline in my yard. If I post a sign that says jump at your own risk, am I still liable for any injuries?
1 Answer from Attorneys
Re: Posting Signs
Posting a sign will not significantly alter the potential liability. If someone trespasses on your property and is injured on the trampoline you are only liable in the event that the condition of the trampoline is so dangerous due to a hidden defect in the springs or surface that you have greatly enchanced the risk of injury and you acted in a reckless manner in maintaining the trampoline in such a condition. If you have guests to your home and they use the trampoline with your permission and are injured the posting of the sign does not truly alter your potential liability as you only have a duty to warn guests of hazards that you are aware of that they may not be able to discover and the use a trampoline is the same as the use of a swing set etc. Check with your insurance carrier because most carriers will pay for medical expenses if someone is injured on a trampoline on your property but will defend you and and likely will take the position that a guest or invitee on your property, unless you create an unsafe situation such as allowing too many people to jump at the same time,will not create any liability for the injury since the condition is an open and obvious recreational item and usually your attorney will be able to get the claim, if filed, dismissed on a summary judgment. Posting signs is ok, however keeping a good look out and establishing rules for your guests is the best way to avoid any potential lawsuit being filed. At the end of the process, you will likely not be responsible for the injuries suffered unless you act recklessly in allowing a guest or guests to use the trampoline.