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Bounce House Injuries: Who is Liable?

Bounce House Injury Lawsuit: What You Need to Know

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 in 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, 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.

What are the Possible Bounce House Injuries?

In 2017, 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:

  • Ankle sprains
  • Brain injuries
  • Broken bones, especially in the feet, legs, and arms
  • Neck and head injuries
  • Tooth loss

As you can see, severe bouncing castle injuries such as head, neck, broken bones, and brain injuries can lead to death or disability.

Who is Liable for Bounce House Injuries?

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:

  • Bouncing castle designer/manufacturer
  • Inflatable playhouse seller/renter
  • Technician assembling the bounce house
  • Premises holder of where the accident occurred
  • Bounce house operator

Bounce House Manufacturer Negligent

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.

Inflatable Playhouse Seller Negligent

Any selling company has the responsibility of offering product warranty to its customers. In most cases, there might not be a written warranty. However, there is an implied warranty that the product fit’s 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.

Technician Assembling the Bounce House

A bouncing castle cannot be assembled by a technician who doesn’t have a comprehensive understanding of how the structure works. Therefore, the assembling party is employed by the vendor. 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.

Premises Holder of where the Accident Happened

Regardless of the circumstances, the premises owner will be held liable for accidents occurring on the property under the doctrine of premises liability. In simple terms, 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 done and must ascertain its safety. Therefore, regardless of the legal findings, licensed property owners will be found negligent for injuries on the land.

Bouncing Castle Operator

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.

What are the Causes of Bouncing Castle Injuries?

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:

  • Adverse weather conditions such as high winds
  • Faulty installations
  • Equipment failure
  • Kids of varying ages and weights bouncing together
  • Excessive number of kids jumping at the same time
  • Lack of adult supervision

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.

How to Prevent Bounce House Injuries

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:

  1. Extreme supervision of kids in the bouncing castle
  2. Monitoring the entrants and exits of the inflatable play structure
  3. Ensuring kids of similar age and weight use the structure at a time
  4. Paying attention to weather conditions while the bounce house is in use
  5. Avoiding setting a bouncing castle near trees, buildings, and powerlines
  6. Establishing and following rules guiding the use of moonwalk

Contact a Reliable Bounce House Accident Attorney in Houston, Texas

You can only do enough to prevent injuries in a bouncing castle. In most cases, accidents resulting in injuries are beyond control. Therefore, even if you’ve done your best to prevent the accident, your child may sustain injuries.

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 a serious accidents.  Contact our Houston offices today for a free case evaluation.

Call (281) 587-1111 for a FREE CONSULTATION!

 

 

 

 

 

 

Greg Baumgartner

attorney greg baumgartner

Greg Baumgartner has practiced personal injury law since 1984. He holds not one but two law degrees and is a graduate of Trial Lawyers College. He is licensed in Texas and Colorado. Mr. Baumgartner has earned a reputation for exemplary results for his clients. And has been preeminent rated for decades and recognized by Top 100 Trial Lawyers, Super Lawyers, Expertise, Newsweek, Houstonia magazine, and many others. He has given educational talks to lawyers and many media interviews regarding personal injury cases.