Your Liability: Inflatable Bounce Houses

Torts

Negligence is defined as "the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm. Source: Black's Law Dictionary, 9^th Ed.

Now this takes me back to my 1^st semester of law school; Torts class with Professor Peter B Kutner. No, I don't mean the pastry kind of tortes. A tort is quite simply a civil wrong; a breach of duty owed to another. Torts are a big part of the first year of law school; one of the basic building blocks of law. Negligence is a tort.

When one is negligent in action {or inaction, as the case may be} and causes an injury to a person or property, one is liable to the one sustaining such injury. This is all simply put, and of course, each case is unique in circumstances, etc., but in general, it's that simple.

What determines whether someone was negligent in a situation is the illusory reasonable person. The reasonable person is a hypothetical person used as a legal standard to determine whether someone acted in a negligent manner. The reasonable person acts sensibly, does things without serious delay and takes proper but not excessive precautions. Source: Black's Law Dictionary.

In my 1L {First Year of Law School} section we playfully imagined the prudent "Reasonable Person" as a super hero of sorts with a cape and a giant R on his chest running around doing sensible things. But in truth, the reasonable person is not mightier, smarter or better than everyone else, just always alert, always aware and always doing the "reasonable" thing in any given situation.

Liability Issues

When it comes to bounce house injuries and liability there is no sure answer as to whether someone would be liable if a person was injured in conjunction with the bounce house activity while attending a party at your home; or if a person was injured by you or your child while jumping in a bounce house elsewhere; or if you or a family member was injured at a bounce house business or at a private party, etc. Each case is unique and if a lawsuit was filed following an injury that case would be decided in a court of law based on the particular facts as applied to the law.

With that said, here are a few tips when it comes to negligence and liability and bounce houses:

• If you sign a waiver, you are accepting the risk associated with the activity itself, but you are NOT accepting the risk associated with a negligent act on the part of the business or someone associated with that business. You can still file a lawsuit if you are injured due to negligent maintenance, set up or management, etc. of the bounce houses, regardless of whether you signed a waiver;
• If a risk of danger or injury is obvious or should be obvious to a person using the premises and an injury occurs, that is generally not considered negligence;
• If an injury occurs in or around a bounce house, liability may lie with the operator of the bounce house, owner of the structure and/or business where it's located, the manufacturer and/or other jumpers or invitees, depending on the particular circumstances;
• If you rent a bounce house for your home, business or event do be sure to follow all rules provided to you and use reasonable caution in operating and monitoring the bounce house. If you follow all rules and closely monitor the usage of it while on your property and under your care, you will decrease the chance of injury and the chance that you are liable for any injuries;
• You should check to see if the operator or owner of the bounce house has insurance covering injuries. Also, if you are inviting people to your house to use a rented bounce house, check with your own insurance company covering your property. An umbrella policy could be useful in this circumstance, as well. Read more about umbrella insurance policies here in a past post;
• As a parent, it's your duty to protect your child. If you see something that seems dangerous feel that the structure is in ill repair or the operator is being unsafe or not monitoring the use of the structure, use reasonable judgment and remove your child from the bounce house; avoid injury, if possible; and
• Remember accidents do happen; not every injury is due to someone else's negligence.

The Scoop

So, in the end it's up to you to decide when it's safe and when it's not safe for your child to play in and around a bounce house. Many people have left comments here, on Twitter or on Facebook this week saying that they were just at a bounce house or are attending a party this week at a bounce structure business, etc. It's would be hard to avoid them altogether. They are at schools, at churches, almost all children's events have them and many birthday parties, large family gatherings and business activities for employees and families rent them.

Bounce structures are everywhere. The number of injuries sustained involving bounce houses continues to grow with their popularity. Is it simply a trend? Will bounce houses begin to go away, especially after the negative news stories of late involving injuries and catastrophe? We'll see, but for now, follow the rules, watch for unsafe conditions and monitor the situation while your kids are in the bounce structure. Over and out...

Anna

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*The photo is of a bounce structure I just happened on as I was driving yesterday. It's looks to be part bounce house/part slip and slide. Either way, you can see from the photo that it was not anchored to the ground, but merely sitting there.

** The information in this post is not in any way to be considered legal advice. Nothing in this article creates an attorney-client relationship.

 

Comments

[Dawn Tales]

Such a great post about inflatable bounce houses. Keep on posting!

[ryan homes]

I agree. While bounce houses are fun and exciting for kids, you have to double check its security first. You must prioritize your children's safety.