A fun and common party addition is a bounce house. They are large inflatable castles, slides, and other shapes that are blown up with air and provided to party throwers when they want a little activity for the kids to enjoy. They’re at birthday parties, fairs, and events all over the world; they are a lot of fun. If you have kids, chances are good you’ve either rented a bounce house of your own or you have allowed your kids to jump in one at someone else’s home. They seem like a great way to keep the kids occupied and enjoying themselves, but they also come with a long list of inherent risks.
Injuries and Bounce Houses
The waiver typically states that the person renting the bounce house understands that it must be used only in a specific manner and that they are liable for anything that happens if the inflatable is used for inappropriate purposes. Some of the most common injuries that occur in these houses include the following:
- Broken bones
- Head injuries
The rules clearly state there cannot be more than a certain number of people in a bounce house at one time. There cannot be water in a dry house, and there cannot be anything sharp or dangerous inside the bounce house. If people choose to break these rules, it’s the homeowner or the person throwing the party and signed the waiver who is held responsible.
For example, if a renter allows 15 kids in a bounce house that only holds 8 kids and someone gets hurt by another child, it is not the fault of the owners or the rental company. If a child lands on another child or your child simply lands wrong when doing dangerous flips, the company renting the bounce house is not liable for the medical bills or any injuries.
Manufacturer Error and Injuries
Sometimes, the person who rented the bounce house does everything right. They don’t allow too many kids in at one time, they don’t allow anything like shoes or beverages in the house, and they follow all the rules. Still, someone is injured. This might be something that is covered by the owner, and it might be their own fault that something is not correctly working on the bounce house.
If, for example, a child is at the top of an inflatable slide and the slide suddenly loses all its air causing the child to fall off and break her arm, it might be the manufacturer’s error. In this example, there is a patch on the side of the slide that the owner of the company used to cover a hole that was created because the slide is old and well-used. The slide probably should be thrown out, but the owners of the company decided to superglue a patch onto the side and call it safe.
It’s not safe if the patch comes off and all the air comes out of the inflatable with kids on it, in it, and at risk. If this happens or something like this happens, it’s the fault of the company who rented the bounce house. If the act that caused an injury is not in the waiver, it’s the fault of the company who rents the houses to hosts and hostesses.
Filing a Claim
If you want to file a claim to help pay the medical bills your child incurred since being hurt on a bounce house, you must know who to file the claim against. This is where it’s helpful to contact a personal injury attorney who can help you with your case. The attorney can help you determine who is at fault by looking into the company, their standard waivers, and by filing a lawsuit on your behalf.
If your case is strong enough, you will then file the suit and go forward with seeking damages. These damages might include the cost of pain and suffering and medical bills. Lost wages and other problems aren’t common when a child is injured, but those are things you can ask for if you needed to spend time in the hospital with your child. If the owner of the company is liable, the attorney will name them in the lawsuit. If the person who rented the house is to blame, they become the defendant.
Now you file a claim, and you wait to hear from the at-fault party’s insurance company. In many instances, the insurance company might ask you to accept a settlement rather than take the case to court. If you feel the amount they are offering is sufficient to cover the cost of your child’s medical bills and other loss of income, you are free to accept it. If you don’t, you can counter with a different amount. The insurance company is instructed to make the lowest possible offer, so you do have room to negotiate the cost of what you’re seeing when the offer is made.
If you still don’t like their offer or they refuse your counter, you can take your case to court. You can continue with the lawsuit until you win or lose your case. It’s a personal decision, but there is a lot you might not know about the laws regarding personal injuries that your attorney can help you with.
If you want to file a lawsuit to help you pay the medical bills your child incurred, you should call an attorney. Your time and energy should be focused on your kids. That means you have to make a decision to let someone else, with a deeper understanding of the law, help you with your case. This is a crucial and often difficult time for your child, and there is no time to waste.