Bounce House Accidents
Bounce houses are fun play structures that young kids love to play in. They provide hours of entertainment for birthday parties, family events, fairs, and amusement parks. While they seem innocent and fun, bounce houses are responsible for thousands of injuries every year. Bounce house accidents have even led to some fatalities.
Bounce house accidents can occur when there are too many kids inside and they all play rough. Sometimes the bounce house is old and worn and generally unsafe. In some cases, bounce houses have been known to fly in the air with children still inside.
Bounce house accidents can cause long-term injuries to your child. To learn more about your legal options, contact the Chicago premises liability lawyers of Staver Accident Injury Lawyers, P.C. at (312) 236-2900 for a free consultation.
Understanding the Risks
Do bounce house accidents really occur that often? Even though you may not hear about them frequently on the news, emergency room medical staff sees bounce house related injuries on a regular basis. In fact, from 1995 to 2010, injuries average number of injuries increased by 15 times.
The average victim is seven years old. While most injuries involved arm or leg sprains or fractures, 20 percent involved injuries to the head and neck. Most injuries occurred when the victim fell onto another child. Nonetheless, hospitalization for bounce house injuries affects approximately 3 percent of children.
There are multiple parties who could be held liable for a bounce house injury. If the bounce house had a defect that caused the injury, the manufacturer could be considered a liable party.
Under the law of premises liability, location owners can be considered at fault. Therefore, if you decide to rent a bounce house and have it placed at your house for your child’s birthday party, be wary that you could be hit with a lawsuit.
Amusement workers who inflated and managed the bounce house could also be held liable, especially if they were supposed to be in charge and allowed an accident to occur. You would have to prove negligence, which means that the amusement worker had a duty to your child, but breached that duty, which led to an injury accident. If the amusement worker did not properly secure the bounce house, allowed too many children inside, or did not stop children from rough play, then they could be considered negligent.
In some cases, a child could have caused the accident. If your child did not obey the amusement worker and ended up getting injured as a result, then your child would be at fault. In this case, you may not have a viable personal injury claim.
What if You Signed a Waiver?
If you signed a waiver, you may be confused about your legal rights. Signing a waiver does not mean you give up your right to sue. Most waivers state that you give up your right to sue if your child suffers from inherent risks, such as a sprained ankle caused by jumping.
Waivers, however, do not cover negligence. If the bounce house operator or some other party was negligent, and this negligence caused your child’s injury, then the waiver does not protect the liable party. You should show your lawyer a copy of the waiver to review and confirm, but in most cases, you should retain the right to sue.
Compensation Options for Victims
As with any personal injury case, there are several types of damages your child could claim in a bounce house accident. The most obvious one would be medical expenses. Emergency room visits, medications, tests, surgical procedures, and ongoing appointments are all expenses for which you can recover compensation.
Pain and suffering is another damage you can claim in a lawsuit. It’s difficult to place a value on pain and suffering, but it is often based on medical expenses. The higher the expenses, the more money you’ll likely receive for pain and suffering.
Since children typically do not work, lost wages and related damages do not come into play. As a rule, children do not contribute to household income and therefore tend to receive less compensation in personal injury cases than working adults.
Was Your Child Injured in a Bounce House?
If your child’s day of fun ended up with a trip to the emergency room, consider your legal options. While not every injury is the result of negligence, many cases are. While seeking medical help is crucial, getting the legal help you need to hold the liable party responsible is also of high importance.
While your child recovers from their physical injuries, you can recover financially by contacting the Chicago premises liability lawyers at Staver Accident Injury Lawyers, P.C.. We have many years of experience representing those injured by someone else’s negligence. Schedule your consultation by calling (312) 236-2900.