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

October 1, 2017
Panico v. Winner, N.J. Super. App. Div., 2017 N.J.Super. Unpub. LEXIS 1610 (July 5, 2017)

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.

 

Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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