Anyone who has visited a family entertainment center, like a trampoline park, indoor rock-climbing facility, or bouncy house, has probably signed a liability waiver agreeing that they cannot hold the facility accountable for any injuries they or their family may suffer.  Alternatively, they may have agreed to take their claim to “arbitration”, a private proceeding in which a “neutral” third party hired by the facility will resolve the dispute with no right of appeal.  However, these waivers are generally not enforceable in Virginia.  So if an injury occurs at one of these facilities, the injured party should still contact an attorney for a case evaluation.

A recent example comes from Massachusetts.  Elmer Cruz took his 15- and 8-year old sons and his 13-year-old niece to Sky Zone, an indoor trampoline park north of Boston.  Cruz, an immigrant from El Salvador, reportedly could not read or write in English.  So his 15-year-old son signed Sky Zone’s liability waiver, which consisted of typing information into a computer and hitting a button.  The boy did not attempt to explain to his father what he was doing, nor is it clear that the boy understood the legal significance, because he apparently only told his father that they needed to “go to the computer” before they could enter the facility.

Once inside the park, Cruz broke his ankle, necessitating several surgeries and leaving him unable to work for two years.  He and his wife sought to hold Sky Zone responsible.

Sky Zone tried to get the case dismissed, citing the waiver and arguing that even if Cruz had a claim, he agreed in the waiver that any dispute would be decided by a private arbitrator.

However, a trial judge ruled that the case could go to trial.  According to the judge, Sky Zone presented no evidence that Cruz understood the waiver, gave his son the authority to execute it on his behalf, or agreed to the terms on his own by entering the facility after his son put their information into the computer.  As a result, Cruz will get his day in court.

If you have been injured in Virginia after signing a liability waiver, do not presume you have no recourse for recovery!  Contact attorney Harry F. Bosen, Jr. for a free case evaluation.