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Do I have legal rights to ask property owner to pay for medical bills

by onJuly 03, 2013
in

It really depends on the age of your child. Under Ohio law, a child under the age of 7 cannot be negligent. I believe age 7 to 14, there is a rebuttable presumption that they are not negligent, but this can be overcome. Older than 14 and the child is treated just like an adult for personal injury purposes.
Regarding trampolines, these are a recreational activity and they are considered inherently dangerous. This means that a reasonable person knows of the dangerous nature in participating in jumping on a trampoline, appreciates those dangers, and is aware of the the types of injuries that one can incur from participating. If a person is aware of the dangerous propensities of the activity, and decides to participate anyways, then they have assumed the risk of being injured while participating in that activity. This is where the age of the child comes into factor.
If the child is under 7 years old, the law says that he/she cannot be aware of the dangerous nature of the activity, cannot appreciate the fact that they can be injured, and therefore is not responsible for their own injuries if he/she is injured while participating in the activity.

If the child is 7-14 years old, the law presumes that he/she cannot be aware of the dangerous nature of the activity, cannot appreciate the fact that they can be injured, and therefore is not responsible for their own injuries if he/she is injured while participating in the activity. However, if the property owner can prove that the child is aware of the dangerous nature, and does appreciate the fact that he/she can be injured, then they can overcome the presumption that the child was not negligent in injuring him/herself. If they overcome that presumption, then the property owner is not responsible for the child’s injuries.
If the child is older than 14 years old, then I do not believe that you have any claim against the property owner, as a child older than 14 is treated as if he was aware of the dangerous nature, and did appreciate that he could be injured. This is true even if the child did not actually know of the dangers or appreciate that he could be injured.
In short, it really depends on the age of the child. Less than 14 years old, there is a chance the property owner could be held responsible. Older than 14 years old, and I believe that you have no claim against the property owner.
Best of luck to you.

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