Campbell v. Circustrix LLC et al

On September 28, 2023, the U.S. District Court for the District of Nevada issued a key ruling in Campbell v. Circustrix LLC et al. Plaintiff Christina Campbell, on behalf of her minor daughter K.C., alleged that Circustrix and Sky Zone Franchise Group operated a trampoline park where K.C. sustained severe spinal and brain injuries due to a defective foam pit and inadequate supervision. The defendants sought summary judgment, relying on a liability waiver signed by the mother. The court found the waiver did not unambiguously absolve defendants from liability for gross negligence. The ruling allowed the family's claims for gross negligence and willful misconduct to proceed, emphasizing that recreational waivers cannot shield operators from reckless disregard for patron safety.

The court denied the defendants' motion for summary judgment, holding that the waiver was ambiguous concerning gross negligence and thus did not bar the suit. The litigation remained ongoing, with the possibility of trial or settlement.

Whether the pre-injury liability waiver executed by the plaintiff's guardian encompassed claims for gross negligence and effectively discharged the defendants' duty of care, and whether the facility's conduct rose to the level of willful misconduct negating contractual protections.

The case amplified scrutiny on trampoline park safety standards and the permissible scope of liability waivers in family entertainment centers. It prompted industry discussions about mandatory safety protocols and informed parents about the legal limits of waivers when companies exhibit reckless behavior.