Legal expert says despite waiver, trampoline park where 12-year-old died could still be sued

A Gaston County trampoline park says it was the error of a 12-year-old that cost him his life.

Matthew Lu died after he fell from a climbing wall at Altitude trampoline park just days before his birthday.

The organization issued a statement of findings on what they believe happened here last week. They say Lu made the mistake that led to his death, but some say Altitude is the one making the error.

Legal experts we spoke with say Altitude’s statement leaves them with more questions.

Altitude says they conducted their own investigation, which included inspections, interviews and reviewing security camera footage.

RELATED: 'An unfortunate case of human error': Gastonia trampoline park releases findings in deadly fall

They say the boy was taught to clip himself when he was on the rock wall, but he didn't clip in, leading to the fall that killed him.

“Between the ages of seven and 14 there is a presumption you're incapable of contributory negligence,” said David Murray, a person injury lawyer with Odom Law Firm.     

The firm has a claim pending against Altitude for another unrelated incident, so he's familiar with cases like this. Murray is also familiar with Altitude's waivers, which he says may not keep a lawsuit from coming.

“If there's a circumstance that is dangerous or unreasonably dangerous, I doubt the courts would enforce a waiver when a death is involved,” Murray said. 

Waivers we found online for other Altitude locations do include notes about physical injury and death. 

Altitude says they plan on taking down the rock wall attraction where Lu fell, saying, “we would not have expected our visitors, nor our team members to partake in this attraction after such a tragedy.”

Murray says what happened to Lu will have a lasting effect.

“I think, if there was ever a real question of a person dying, you'd have some questions on whether they want to participate in that activity.”

Lu’s family is not granting interviews at this time about what happened, but 911 calls indicate that they were there as this was going on. Services for Lu are set for this weekend.