Rockdale, TX asked in Criminal Law for Texas

Q: is it legal to put up a trampoline in a yard that does not have a fence would you be held liable if a random kid walkin

Jumped on it and got hurt

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2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: This question was posted in the Criminal Law practice area. To my knowledge, that is not a CRIMINAL OFFENSE under Texas or Federal Law. Depending on your location, I suppose it might be a a municipal ordinance violation.

The bigger potential problem might be a tort in Civil Law. Our firm focuses on Domestic Violence in the context of criminal law ... so I can't really answer a civil law question. You should ask an attorney that takes cases involving Premises Liability or maybe Attractive Nuisance

1 user found this answer helpful

Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Ms. Pace is correct as usual. Generally I do not answer questions if they already have an answer but I think I can help somewhat. The issue is really could you be sued and the answer is Yes, you could be. However any recovery would be tough without knowing more. If the trampoline is installed properly and otherwise free of defects any danger would likely be "open and obvious" so there would be a defense to a recovery. You could also require a notice that anyone engaging in activities "assumes the risk". That would at least discourage anyone from filing suit.

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