When you enter a Sky Zone trampoline park, you may be required to sign a waiver of your right to make a claim against the company for personal injuries. The enforceability of this waiver depends on whether a minor or adult is injured and the laws of the state where the injury occurred. It is important to speak with an attorney who is familiar with this area of the law before signing the waiver.
In addition to the waiver, the agreement may also require that you arbitrate your personal injury claim. This means that instead of suing in court, the dispute will be resolved through arbitration. Sky Zone chooses arbitration because it is a less favorable process for the injured party:
- Sky Zone picks the arbitration company and the arbitration is conducted according to the “Expedited Rules,” making it difficult to properly investigate and prove the case.
- An arbitrator, not a jury, decides the case.
- The filings and proceedings are secret and not accessible to the media or other injured customers.
- Decisions by the arbitrator, even if incorrect, are not appealable unless you can prove some sort of corrupt behavior.
- Any decision, award, or settlement may be subject to a non-disclosure agreement (NDA) or order, meaning that you cannot discuss the outcome of the case.
In short, waivers and arbitration clauses are effective methods of discouraging claims and keeping the public in the dark about the dangers of trampoline parks. Attorneys must oppose arbitration provisions whenever possible. Some legal offices have had success in voiding the Sky Zone arbitration provision.
It is important to be aware of the potential risks associated with trampoline parks and to consider the waiver and arbitration agreement before visiting one. It is also important to seek legal counsel if you or a loved one has been injured at a trampoline park.
If you or a loved one has been injured at a trampoline park, don’t hesitate to contact Chazen & Chazen. Their experienced attorneys specialize in trampoline park injury cases and will fight to get you the compensation you deserve. Don’t let the trampoline park industry sweep your injury under the rug. Call Chazen & Chazen today at (201) 567-5500 for a free consultation and take the first step towards justice.