A lawsuit was filed against Urban Air Adventure Park in Lakeland, Florida arising from a serious injury suffered by a 10 year old boy injured in a fall from an indoor zip line. Other news reports indicate that the boy sustained broken ribs, a collapsed lung and a brain injury from hitting his head on the floor. Urban Air Adventure park is located on US Highway 98N in Lakeland.
News reports indicated that the boy fell approximately 20 feet on September 1, 2019. This attraction was called the “Sky Rider” zip line and the lawsuit alleges that the boy was not properly secured into the safety harness before being allowed to take off. After leaving the platform, the harness appears to have released and the boy fell to the floor.
Urban Air released a statement that all staff members have been retrained and that the employees in question are no longer employed at the company.
Pre-Injury Release Not Likely Valid
In Florida, a parent can sign a pre-injury release for their child. However, under section 744.301, Fla. Stat., that release can only pertain to an “inherent risk” of an activity.
This law is meant to maintain accountability for negligence against commercial establishments that provide activities for children but also does not require them to absolutely insure the safety of children from risks that cannot be eliminated. This means that for an indoor trampoline park that the park is not held responsible when a child simply falls down and gets hurt. This also means that the same indoor trampoline park is responsible if the trampoline breaks, if the park allows guests to modify or misuse equipment, or if there is a lack of adequate supervision from the park’s employees.
If your child was injured at one of these types of parks, your child may have a claim under Florida law even if you have signed a pre-injury release.
Your child’s injury might not be “inherent” or we might be able to successfully challenge the pre-injury release itself as defective. In order to be valid, the pre-injury release must meet certain requirements. Many parks have legally deficient pre-injury release forms.
Get Help With Your Child’s Injury Lawsuit
To find out whether your child has a valid injury claim against a trampoline or adventure park, contact Russo Law today to talk to a Lakeland personal injury lawyer. A consultation is free and we do not charge attorney fees or costs unless money is recovered on behalf of your child.