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ARTICLE ID 8738

DEFENDANTS' Alleged defective trampoline - Failure to warn - Negligence of homeowner in failing to properly install separately purchased safety enclosure designed to prevent injuries from users who fall to side of trampoline - Ankle fracture.

Middlesex

The female plaintiff, age in her 50s, who was visiting the codefendant homeowner (her brother-in-law) for a barbecue, contended that she decided to use the defendant’s trampoline and contended that as she landed, she fell off the device and fractured her ankle. The plaintiff contended that the defendant manufacturer should have supplied warnings advising of the need to use a safety enclosure. The plaintiff also contended that the defendant homeowner was negligent in failing to read the safety manual and install the safety netting which was purchased separately.

The defendant manufacturer maintained that the trampoline was properly designed and manufactured and that adequate warnings were supplied. The homeowner maintained that based upon the finding of blood on the trampoline itself, it was likely that the plaintiff, who was using the trampoline at the same time as her 31-year-old son, had suffered the fracture when landing on the trampoline and not when falling to the adjacent ground.

The jury found that the trampoline was not defective and that although the homeowner was negligent, there was an absence of proximate cause.

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