HELP…MY CHILD WAS INJURED IN A BOUNCY HOUSE…CAN I SUE?
Children get excited whenever they have an opportunity to jump and play in a “bounce house”, and for good reason. Bouncy houses are a great deal of fun, provided that they are used in the proper manner. Parents who allow their kids to use these inflatables have an expectation that they will be safe while doing so, which means they could also recover damages whenever negligent operation results in an accident.
Responsibilities of Inflatable Supervisors
- Inspecting the inflatable for signs of damage
- Ensuring it is properly anchored
- Providing proper supervision
- Giving adequate warnings about the dangers
- Placing the structure in a safe location
Ideally, a bounce house should be inspected each time it is set up or moved. Permanent structures should be checked at least daily so that defects can be corrected as soon as they occur.
Establishing Safe Guidelines
Operators are also responsible for establishing guidelines for the use of the house in order to promote safety. A few of the things that should be taken into consideration include:
- Prohibiting children under the age of six from entering the structure
- Keeping older and younger children from jumping together
- Restricting horseplay and fighting
- Prohibiting stunts, kicks, and flips
- Limiting the number of children who may jump at any given time
- Making kids remove shoes and objects from their pockets while inside the bounce house
Not only should these guidelines be established, but they should also be enforced. This means that everyone who supervises a bouncy house should be made aware of the rules and be held accountable for following them. There should also be a plan in place for handling any unsafe acts as soon as they are observed. Failure to stop an unsafe act from occurring could constitute negligence in a court of law.
Proving Bouncy House Negligence
When faced with the question of negligence, courts will look at the totality of the circumstances in order to determine if a valid case exists. Judges will likely consider whether or not a “reasonable person” would have allowed a child to use a bouncy house under the same conditions. If it seems that the operator should reasonably have known an accident might occur, he or she could then be found liable for damages.
Get Justice by Hiring a Lawyer
If your son or daughter was injured in a bouncy house, then you need to speak with a qualified attorney to figure out the best course of action. The first step is scheduling a free case evaluation by calling 713-222-1222.