Trampoline Park Injury Demand Letters

[Date] Via Certified Mail and Email [Trampoline Park Name] [Park Address] [Franchisor Name, if applicable] [Franchisor Address] Re: Personal Injury Claim - Trampoline Park Negligence Claimant: [Client Name] [and Minor Child Name, if applicable] Incident Date: [Date] Location: [Park Name and Address] Incident Time: Approximately [Time] Dear Claims Representative: This firm represents [Client Name] [and his/her minor child, Child Name,] regarding serious injuries sustained on [Date] at your [Park Name] location. We write to demand compensation for medical expenses, lost wages, and pain and suffering resulting from your negligent operation of the trampoline facility. FACTS OF THE INCIDENT On [Date] at approximately [Time], [Claimant/Child's Name] was [describe activity - e.g., "jumping in the main trampoline area" or "using the foam pit"] at your facility. [Describe incident - e.g., "While jumping, another patron collided with [him/her] from behind, causing [him/her] to fall awkwardly and land on [his/her] neck" OR "While jumping into the foam pit, [he/she] 'bottomed out' and struck the hard surface beneath the inadequate foam padding."] At the time of the incident, [describe conditions - e.g., "the area was overcrowded with multiple jumpers on single trampolines despite your posted rules prohibiting this" OR "no staff members were present in the immediate area to enforce safety rules or prevent collisions."] LIABILITY ANALYSIS As a commercial recreational facility, you owed [Claimant/Child's Name] a duty of reasonable care to: 1. Maintain equipment in safe operating condition 2. Provide adequate supervision to prevent foreseeable injuries 3. Enforce safety rules consistently 4. Train staff properly in safety protocols 5. Warn of hidden or non-obvious dangers 6. Comply with industry safety standards (ASTM F2970) You breached these duties by: - [Specific breach, e.g., "Failing to maintain adequate foam pit depth, causing 'bottoming out'"] - [Specific breach, e.g., "Failing to station staff to supervise the area where the injury occurred"] - [Specific breach, e.g., "Failing to enforce the one-jumper-per-trampoline rule"] - [Specific breach, e.g., "Allowing overcrowding beyond safe capacity"] - [Specific breach, e.g., "Failing to provide adequate safety training to staff"] [IF MINOR CHILD:] PARENTAL WAIVER IS UNENFORCEABLE We are aware that a liability waiver was signed on behalf of [Child's Name]. However, under California law, parents cannot waive a minor child's future negligence claims. See Hohe v. San Diego Unified School District (1990) 224 Cal.App.3d 1559. [Child's Name] retains full legal rights to pursue claims for your negligence regardless of any waiver signed by [his/her] parent. [IF ADULT:] WAIVER DOES NOT BAR NEGLIGENCE CLAIMS While a liability waiver was signed, California Civil Code section 1668 voids contracts that purport to exempt parties from liability for their own negligence. Your waiver may limit claims for inherent risks of trampolining, but does not protect you from liability for [describe negligence - e.g., "inadequate supervision, equipment defects, or failure to enforce safety rules"]. INJURIES AND DAMAGES [Claimant/Child's Name] sustained the following documented injuries: - [Injury 1, e.g., "Cervical spine fracture at C5 requiring surgical stabilization"] - [Injury 2, e.g., "Traumatic brain injury with persistent post-concussive symptoms"] - [Injury 3, e.g., "Complete ACL tear requiring reconstructive surgery"] - [Injury 4, e.g., "Comminuted ankle fracture requiring open reduction internal fixation"] Current medical expenses total $[Amount], with an additional $[Amount] in anticipated future treatment including [future treatment needs]. [Claimant/guardian] has incurred lost wages of $[Amount] from work missed for [own recovery/caring for injured child]. DEMAND Based on the severity of injuries and clear evidence of negligence, we demand the total sum of $[Amount] to resolve all claims. This figure accounts for: - Past medical expenses: $[Amount] - Future medical expenses: $[Amount] - Lost wages/earning capacity: $[Amount] - Pain, suffering, and emotional distress: $[Amount] - [For child: Future impairment and loss of enjoyment of life: $[Amount]] We expect a substantive response within thirty (30) days. If we cannot reach a reasonable settlement, we will file suit and pursue discovery into your staffing records, training protocols, equipment maintenance logs, prior incident reports, and ASTM F2970 compliance. PRESERVATION DEMAND Preserve all evidence related to this incident, including: - All video footage from all cameras for [Date] - Incident reports from [Date] and 12 months prior - Staff schedules and assignments for [Date] - Employee training records - Equipment inspection and maintenance logs - Foam pit depth measurements and specifications - Any internal communications regarding this incident or safety concerns Sincerely, [Attorney Name] Attorney for [Client Name] [and Minor Child Name] [Law Firm] [Address] [Phone] [Email] Enclosures: - Medical records and billing statements - Incident photographs - Waiver copy - Lost wage documentation