An Inflatable Bounce House Accident: Legal Recourse for Parents
The number of child injuries that occur while playing in inflatable bounce houses has risen over 1,200 percent between 1995 and 2010. According to data compiled by the Director of the Center for Injury Research and Policy at Nationwide Children's Hospital, in 2010 approximately one child was injured in a bounce house every 45 minutes.
Nearly 65,000 children were treated in the E.R. for injuries sustained in an inflatable bounce house accident in the past 20 years, and the majority of those injuries occurred within the past decade. As a parent, you need to know what your legal options are if your child is injured in an inflatable bounce house.
Determining Liability for Inflatable Bounce House Accidents
There are several parties who may be liable for your child's injuries, the most common being the company that owns the bounce house. Inflatable rental companies often require a contract that states they are absolved of any liability regarding injuries that occur after the bounce house has been set up.
If you signed this waiver, you may only be able to hold the company liable in these instances.
- The bounce house was damaged
- A component of the bounce house was defective
- The bounce house was improperly set up
A defective bounce house may also lead to a lawsuit against the bounce house manufacturer. In this situation, you may have a claim against the bounce house rental company for renting a defective item, and the bounce house manufacturer for manufacturing a dangerous product.
If the bounce house was located at a public venue such as a local fair or festival, you might be able to file a claim against the festival management for failure to properly supervise the bounce house. There are some general child injury prevention tips that parents should consider before sending kids off to play in public places. However, many festivals have waivers or clauses in place to absolve them from any lawsuits claiming negligence because of lack of supervision.
Finally, if the bounce house was set up at a private residence such as a neighbor's house, you may be able to file a claim against the homeowner for failure to supervise the bounce house.
Gathering Evidence For Your Inflatable Bounce House Injury Claim
Necessary types of evidence in a negligence claim are as follows.
- Witness statements
- Copies of contracts and agreements between the bounce house rental company and the renter
- Contact information for the party furnishing the bounce house
- Info on whether you rented it from a company, it was rented by a neighbor or it was set up at a festival
Determining liability for an inflatable bounce house accident is no easy task, especially when you are focused on helping your child recover from his or her injuries.
For help with filing your claim against the negligent party the Law Office of Jason R. Schultz, P.C. is here to support parents in the Georgia area. Contact our office today to schedule an appointment for a FREE consultation regarding your legal options after a serious inflatable bounce house accident. 404-474-0804.