Can we sue a gym for not placing mattresses properly causing a broken collarbone after falling from a trampoline?

Possibly, if it was for a minor. Parents cannot waive a minors rights in Michigan.

Yes, but you will need an experienced attorney.

Yes.

Generally, a person could sue a gym for not placing the mattresses properly around the trampoline even if a "waiver of liability" is signed depending on the specific facts surrouding the incident. Simply because a person was injured after falling from a trampoline does not mean the gym is liable. For the gym to be liable it had to have been negligent in protecting people using the trampoline either by failing to do something or doing something that they should have done. You do not provide enough information for me to comment on your case. There would be a lot more information I would need to be able to determine whether you would have a chance of winning the case against the gym. The information I would need includes, but is not limited to: the age of the person who was injured; how were the mattresses placed around the trampoline; how were the mattresses improperly placed; what was the person doing that caused them to fall off the trampoline; and the specific language contained within the "waiver of liability." Depending on the answers to these questions, as well as others, would make it possible to determine whether you have a case against the gym. I would suggest you contact a personal injury attorney to further discuss your case. Most offer a free initial consultation so it would not cost you anything to learn more about your rights. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

Yes, you may sue the gym; however, the question becomes what is the gym's legal liability in the present situation. I would have to review the waiver of liability to determine if it falls within the guidelines allowed under Louisiana's statutes. Also, the factual situation must be discussed more in-depth to determine if there is liability on the gym. Please feel free to contact my office to discuss further.

If you signed a waiver, you probably cannot sue. Certain activities clearly have risks associated with them, and so your waiver would encompass those risks.

Trampolines are dangerous. Waivers are signed for good reason. People in sports know there are dangers. If the mats were not positioned right why didn't you do something about it. I don't think you are going to do any good with this type claim

In New York, a gym cannot require you to sign a waiver. But, you were voluntarily participating in an activity known to be dangerous. On the other hand, they should have placed the mattresses properly. But, you should have noticed that and made the adjustments or had the gym employees correct the mattress placement. Finally, had the mattresses been placed properly, would that have prevented the collarbone from being broken.

You must bring in the waiver for review but generally, do not have an attractive case. One who uses a trampoline generally assumes the risk of injury associated with it.

If you can show that the gym was negligent and you can show that the injury would have been avoided if the mattress had been correctly placed.