Avoiding Litigation

[Freesponge]

My group was planning on having a 14 ft trampoline in our camp this year. However one of the members brought up the risk of getting sued if a burner goes on the trampoline when nobody is around and ends up with a broken something. I understand that burners are injured every year but I haven't been able to find any info on whether or not artists and burners get sued regardless of who is at fault.
The back of the ticket states that the ticket holder assumes all risk of injury but isn't specific on whether or not burners can be held liable.

Any insight?

[CapSmashy]

The ticket holder assumes all risks.

If I am remembering correctly, the back of the ticket phrasing has held up in court.

If you are really worried about it, hang a sign or two on the edge saying trampoline closed. It will be ignored, but its another degree of cya if you are that concerned about it.

[skinnay]

My group was planning on having a 14 ft trampoline in our camp this year. However one of the members brought up the risk of getting sued if a burner goes on the trampoline when nobody is around and ends up with a broken something. I understand that burners are injured every year but I haven't been able to find any info on whether or not artists and burners get sued regardless of who is at fault.
The back of the ticket states that the ticket holder assumes all risk of injury but isn't specific on whether or not burners can be held liable.

Any insight?

Nothing can stop anyone from suing you but visibly posted "____ at your own risk" are generally a valid legal assumption of risk if youre worried about that. As long as you aren't blatantly negligent (ie broken springs, hazards in close proximity) you should be fine.

[Freesponge]

Thanks for the info!
I'll consider putting up a 'Use at your own risk' or 'Closed' sign. I won't be putting up a net because I believe they can create a hazard for anybody who can just more than a foot but I will be using spring pads. I've had a trampoline my whole life and the only time that people get hurt is when there are too many people on the trampoline, people are drunk, or people are stupid and fail to use common sense.

[MedullaB]

there are too many people on the trampoline, people are drunk, or people are stupid and fail to use common sense

LOL - that line just made me laugh out loud, if it's true I'd camp near the medical tent!

[geekster]

A "Do not play on this, you might break your neck or you could put an eye out." in some obscure Asian language might do it.

Trouble is, many burners have become so conditioned to doing what they are told by anonymous signs that they will just do what the sign says and not play on it.

[teardropper]

and the only time that people get hurt is when there are too many people on the trampoline, people are drunk, or people are stupid and fail to use common sense.

Uh-oh. You think none of those will apply? Plenty of drunk and stupid people. All doing it at their own risk. If you can put up a fire ladder 80 feet (or whatever it was) straight up for no apparent reason and going nowhere, a tramp will be nothing.

[EspressoDude]

The fine print on the back of the ticket only protects the issuer of the ticket...the LLC. .....and CAN protect people who set up dangerous, enticing things.

If someone gets hurt, you can use the back of the ticket to save your ass, but it will likely be in court.

[Token]

We are not here to prevent people from doing stupid things. We are here to pickup the pieces of the aftermath.

- unknown ranger speaking to someone with a dangerous something about something stupid about to happen.

[theCryptofishist]

I do know of a camp that had an attraction that was closed and the camp empty and someone climbed on it and got hurt, and the camp was not back the next year.
If there is an insurance pay out from the injured participant's company, they (the insurance company) may at least strongly encourage filing a law suit so they are out money.

And if you're not otherwise insured, get travel insurance.
Medical evacuations can be expensive...

[darcitananda]

I have been using Performers of the US as my performing insurance for a while. It's about $200/year (no prorating) and they insure people like trapeze artists etc.. You might look into their policy because they do insure against you injuring someone as part of your act, offending someone, etc...

[phil]

Do you have homeowners insurance? Check with them on what can be done to insure yourself at Burning Man.

[dragonpilot]

Have everyone sign a waiver...that should be easy.

[Magpie]

Thanks for the info!
I'll consider putting up a 'Use at your own risk' or 'Closed' sign. I won't be putting up a net because I believe they can create a hazard for anybody who can just more than a foot but I will be using spring pads. I've had a trampoline my whole life and the only time that people get hurt is when there are too many people on the trampoline, people are drunk, or people are stupid and fail to use common sense.

hahahaha! All conditions which are well met at BM!

[Magpie]

I have been using Performers of the US as my performing insurance for a while. It's about $200/year (no prorating) and they insure people like trapeze artists etc.. You might look into their policy because they do insure against you injuring someone as part of your act, offending someone, etc...

You can get insurance against OFFENDING someone??? No shit?!

[Packoderm]

Perhaps you could gift the trampoline to somebody in your camp who doesn't have enough money to be worth suing. You can't squeeze blood out of a turnip.

[phil]

> fail to use common sense.

There is no common sense.

[igor47]

There is no common sense.

there is, it's just not very common.

[bluesbob]

A "Do not play on this, you might break your neck or you could put an eye out." in some obscure Asian language might do it.

Trouble is, many burners have become so conditioned to doing what they are told by anonymous signs that they will just do what the sign says and not play on it.

"Go play on a freeway" might work also. My Mom used to tell me that all the time.