Panico v. Winner, N.J. Super. App. Div., 2017 N.J.Super. Unpub. LEXIS 1610 (July 5, 2017)

Non-homeowner party hosts can be held responsible for preventing or limiting use of a trampoline.

The accident occurred during a high school graduation party being held by a homeowner, who was called away for a work obligation. The homeowner contended that the “house rules” included that no one was to go on the trampoline. The plaintiff suffered a serious leg injury while using the trampoline. The court held that the adult supervisors of the party can be held responsible and overturned the summary judgment. The court found the record contained sufficient evidence from which a reasonable jury might conclude that the respondents/chaperones knew or should have known that there was a necessity and an opportunity for them to have prevented guests from using the trampoline. The court reversed the lower court’s granting of summary judgment. The lower court had opined that the respondents did not owe a duty to warn as they were not the homeowners, nor in any better position than the plaintiff.

 

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