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C
ASE: 16
You Be the Judge!
You Be the Judge!
Sources
The case brie ng above contains excerpts and direct extractions from the sources noted
below that have been combined with the author's own expert legal input. The case has
been condensed and formatted from its original content for purposes of this workbook.
Sollami v. Eaton, 201 Ill.2d 1, 772 N.E.2d 215 (Ill 2002).
Supreme Court of Illinois
June 6, 2002. Opinion written by the Honorable Justice Rita B. Garman.
Many homeowners insurance
policies contain what is called a
"Trampoline Exclusion" clause.
Pursuant to this clause, the
insurance company will cover
liability for injuries that
occurred to others while on
your property, but they will
not cover trampoline related
injuries.
The most common
trampoline injuries are
caused by colliding with
another person, doing
stunts, falling off of
the trampoline, and
falling on the trampoline
springs or frame.
number of persons allowed to jump at the same time.
Eaton also attached an instruction placard to the frame with a
wire tie. During the spring prior to Kathleen's injury, Eaton found the
placard on the ground and did not reattach it.
e Plainti alleged that the trampoline contained one or more
defects which made it not reasonably safe for its intended use. Further,
the Plainti claimed that Jumpking was negligent because the manu-
facturer:
1) Permitted the trampoline, which was a training device, to be
used as a backyard toy.
2) Failed to warn persons, including Kathleen, that only one
person was permitted on the trampoline at a time.
3) Failed to verify that when the trampoline was sold, its instruc-
tions as to its use were attached to the trampoline and could
not be removed.
4) Failed to adequately warn persons, including Kathleen, that
the trampoline could be used only with the direct supervision
of a quali ed gymnastics instructor.
Jumpking argued that the danger of jumping on a trampoline was
"open and obvious" to a 15-year-old girl, and she should have ap-
preciated the danger of rocket jumping on a recreational trampoline.
us, Jumpking had no duty to warn her regardless of any additional
knowledge on the part of Jumpking.
For Evaluation Purposes Only