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February 15, 2020 by Greg Baumgartner
The popularity of bounce houses in Houston, Texas, is unmatched. They are probably the most popular structures for children to have fun. You can find them at parties, events, daycare, and schools. Besides the fun experience, these inflatable houses provide kids with the needed distraction, giving parents ample time to converse. However, it is important to consider the risk of bounce house injuries and who is liable in such cases.
However, you should always be conscious of the potential dangers offered by such structures. Studies have shown that bounce houses can lead to severe injuries.
Recently, reports in El Paso, Texas, indicated that three kids were hospitalized after heavy winds blew an inflatable play structure. The current national statistics from bouncing castle injuries are scary. If your child got hurt in a bounce house, call an experienced child injury lawyer immediately.
In a recent year, the number of severe inflatable play injuries stood at 20,700. However, such statistics are likely to grow as little has been done to solve the problem. The severity of bounce injuries varies from one child to the other. However, some of the commonly reported bounce house injuries include:
As you can see, severe bouncing castles injuries such as head, neck, broken bones, and brain injuries can lead to death or disability.
Typically, any person exhibiting carelessness resulting in an accident is held responsible by the court and is ordered to pay associated costs. In any case, it is always easy to determine who was at fault. However, choosing at-fault parties in inflatable castles is complex as multiple negligent parties are involved. These parties include:
Also, the issue of pre-injury waivers sometimes must be looked at with bounce house accidents.
Due to the intended use of bouncing castles, the manufacturer aims to assemble a final product free from defects. However, a design-induced defect might not be recognized during the manufacturing process. Therefore, in case of an accident from this defect, the manufacturer/designer will be held liable for the resulting injuries.
Any selling company is responsible for offering product warranties to its customers. In most cases, there might not be a written warranty. However, there is an implied warranty that the product has its purpose.
In this case, the selling or renting company has the duty of ascertaining the safety of the inflatable playhouse before selling it. Should an accident occur, the legal process will demonstrate that the renter had an implied warranty and, as such, must be liable for the resulting injuries.
A bouncing castle cannot be assembled by a technician who doesn’t have a comprehensive understanding of how the structure works. Therefore, the vendor employs the assembling party. Practically, employers are held responsible for the actions of their workers. In this case, if the technician is found accountable for the resulting accident, the employer will be held negligent.
Regardless of the circumstances, the premises owner will be held liable for accidents occurring on the property under the doctrine of premises liability. Simply put, any rational person does not expect to suffer any injuries on the property. Therefore, there is an expectation that the property is safe.
Additionally, no rational person will deliberately create a situation that can lead to an accident on a property. This means the premises owner is responsible for supervising any work and must ascertain its safety. Therefore, regardless of the legal findings, licensed property owners will be found negligent for injuries on the land.
Sometimes, the bouncing castle operator is different from the assembling technician. He is supposed to enforce rules on the day-to-day operations of the structure. If the court finds out that he failed to follow operational procedures, he will be liable for the injuries resulting from the accident.
Moon bounce injuries are typically a result of poor supervision, negligence, or both. If these aspects prevail, accidents will happen, resulting in severe injuries. The common causes of inflatable playhouse injuries are as follows:
Parents, operators, and property owners have control of the causes of bounce house accidents discussed above. There is also an expectation that each must take the necessary measures to prevent accidents under their watch.
Bounce house accidents resulting in injuries are preventable. However, this will only happen if the parties undertake their duties as expected. Some steps can lower the chances of an accident in a bouncing castle. These steps include:
You can only do enough to prevent injuries in a bouncing castle. In most cases, accidents resulting in injuries are beyond control. Therefore, your child may sustain injuries even if you’ve done your best to prevent the accident.
In such a situation, you don’t have to take matters into your own hands. Unfortunately, the emotional rollercoaster can lead to regrettable actions. That is why you need to contact an experienced and reputable Houston, Texas, personal injury attorney to explore possible legal options and pursue compensation. Remember, your child needs to recover from the accident, which will require financial, emotional, and psychological investment.
Houston personal injury lawyers at Baumgartner Law Firm understand your problem and help you find justice. Our daycare negligence attorneys have helped numerous families after serious accidents. Contact our Houston offices today for a free case evaluation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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