In deciding two matters of first impression, the Indiana Supreme 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