Whether your child has been hurt in a bounce house accident or you are considering a bounce house party, you need to know who can be held liable for injuries or death in a bounce house accident. There are several factors that go into determining liability, including who was responsible for setting up the bounce house, who was responsible for supervision and if there were waivers signed. Bounce house injuries can be serious and are sometimes fatal. If your child was injured in a bounce house, talk to an experienced personal injury attorney to find out if you have a case and if so, what type.
Premises Liability, Product Liability, Other Negligence
In some ways, bounce house accidents are similar to trampoline accidents, with premises liability being the first consideration in most and product liability coming into play if the bounce house was defective.
Negligent supervision is often a factor in bounce house lawsuits. In fact, many rental contracts include specific instructions on how the bounce house must be supervised, what items are allowed in or near the bounce house, how many children can be inside at one time, and more.
Bounce houses are often rented, which complicates the issue of liability. Bounce house rental companies typically deliver and set up the bounce houses, but some do not. One of the reasons that bounce house accidents occur is improper set up and failure to properly secure the bounce house. If a rental company employee set up the bounce house improperly, the rental company may be held liable.
If a property or business owner set up the bounce house improperly, the property or business owner may be held liable. However, if the instructions were inadequate, liability could shift back to the rental company and/or bounce house seller or manufacturer.
Liability Waivers
To add another layer of complication, liability waivers are almost always involved. Rental companies have renters sign them, businesses and other organizations that use bounce houses or events or have them permanently in place will usually have all parents sign them before their children can play in the bounce house and individuals who host private gatherings with bounce houses do the same if they are wise.
The content and enforceability of liability waivers varies greatly. If your child was injured in a bounce house, and you signed a waiver, the waiver could destroy your case, but it depends on the language of the waiver. It may be that the waiver does not apply to the unique circumstances leading to your child’s injuries.
If your child has been injured or killed in a bounce house accident, talk to an experienced accident attorney in your state today.
