Indiana Supreme Court Rules Trampolines May Constitute As An Attractive Nuisance

By William Bill Hurst

In deciding two matters of first impression, the Indiana Indianapolis Personal Injury LawyerSupreme Court recently held that a trampoline may constitute an attractive nuisance and that a parent/landowner may be liable for injuries of a minor sustained on the parent/landowner’s property, when the parent/landowner’s minor child invites the other minor onto the property.

In Kopczynski, a 12 year old girl was invited by her neighbor’s minor child to jump on a trampoline in the neighbor’s back yard and subsequently injured her knee while on the trampoline.  The trampoline was located in an unenclosed area behind the neighbor’s house and the children were jumping on the trampoline without adult supervision.

The trial court granted the parent/landowner’s motion for summary judgment on the injured girl’s claim for liability under the attractive nuisance doctrine and premises liability, determining that the girl was a trespasser and that the attractive nuisance doctrine was not applicable.  The Indiana Court of Appeals affirmed the trial court’s determination.

The Indiana Supreme Court reversed the trial court’s grant of summary judgment, holding that there is a genuine issue of material fact as to whether the injured girl was an invitee on the property, opposed to a trespasser.  Additionally, the Court used expert testimony that stated unenclosed trampolines on private property “are particularly attractive to children,” that knee injuries are a common result of trampoline use and additional testimony stating the injured girl was not warned of the dangers of the trampoline in determining that a genuine issue of material fact existed as to whether the trampoline in this case constituted an attractive nuisance.

At The Law office of William W. Hurst, LLC we recommend that you check in the community, family, friends, attorneys, judges and insurance adjusters regarding our reputation for representing persons injured in accidents.

If you have a child in your family who was injured on a neighbor’s property on some type of playground equipment, swimming pool, trampoline or something of this nature you should contact an experienced attorney.  Our office will see you for free and we will only charge if we win your case.  Contact William W. Hurst at 317-636-0808

28 Nov

Facebook Twitter Google+ LinkedIn If you have been in a semi truck accident, you may have large medical expenses and other damages, from property loss to pain and suffering. The burden of being in an accident may be compounded by having to deal with a difficult insurance company to negotiate a settlement. How can you…

20 Nov

Facebook Twitter Google+ LinkedIn Most motor vehicle accidents have straightforward liability. For example, when two privately owned cars collide in an intersection, the driver who entered against the lights will be liable for the damages they caused to the other driver. When an accident involves other types of vehicles, such as a bus, issues such…

16 Nov

Accident Forgiveness

By Bill Hurst

Facebook Twitter Google+ LinkedIn Accident Forgiveness is a program offered by insurance companies that ensures rates will not increase after your first at-fault car accident. To determine if you need or want accident forgiveness coverage, you should know what it is, if there is a cost benefit, and whether you are eligible for the program….

Indianapolis Personal Injury Law William W. Hurst
William W. Hurst

Bill Hurst has successfully represented hundreds of accident victims, and has limited his practice to personal injury cases for over thirty-five (35) years.


Leave a reply

Your email address will not be published. Required fields are marked *

1 Comment

  1. Too bad for owners of tramps. They are a great way for kids to stay active. With the high obesity rates among the youth, we should do all we can to promote activity.

    As a chiropractor I have treated a few neck and knee injuries from trampolines. It sounds like parents need to take a more active role in supervising.

Share This