The Hidden Dangers of Bounce Houses

Bounce houses have become nearly ubiquitous at children’s birthday parties, community events, and virtually anywhere else where young kids may celebrate and have fun. While the appeal of bounce houses is easy to understand, it’s also important to keep in mind that bounce houses can pose dangers to children for various reasons.

Hopefully your child will never be injured in a bounce house accident. However, it’s important to understand what your potential legal options may be if this does occur. Depending on the circumstances, if your child was injured in a bounce house in Massachusetts or the other New England states, you may have grounds to file a claim or a lawsuit seeking compensation for medical bills and related losses resulting from your child’s injuries.

Why Bounce Houses Can Be Dangerous

A bounce house can provide children with hours of fun. That said, statistics indicate that it’s not uncommon for bounce houses to cause injuries like concussions, fractures, suffocation, and other such injuries. In tragic cases, some children may even lose their lives as a result of bounce house accidents.

Although no money can ever replace a child’s presence in your life, if a child did pass due to a bounce house accident or injury, their parents or guardians may have grounds to file a wrongful death action.

There are various reasons why children may be more likely to be injured using bounce houses in certain contexts and situations. Consider the following examples:

• Improper supervision by operators: It’s important for those responsible for operating the bounce house to properly supervise children when in use. For example, bounce house injuries often result from overcrowding or reckless behavior. Supervisors must ensure that Adults they don’t overcrowd the space, or that rules regarding child behaviors that increase the risk of injuries are enforced.
• Negligent operation or maintenance: Bounce house operators may negligently fail to maintain their equipment and take other necessary safety steps to minimize the risk to children using a bounce house. Although various parties may be responsible or liable when a child is injured in a bounce house accident, companies that rent and operate these pieces of equipment may face legal action if they don’t fulfill their responsibility to ensure basic safety.
• Product defects or malfunctions: A bounce house is a piece of equipment consisting of many different parts and components. It’s possible that a malfunction or defect could result in injury. In these types of cases, the liable party may be the bounce house manufacturer, designer, or marketer.

Understanding who is responsible for providing compensation after a bounce house accident can be challenging. Again, the specific circumstances of an accident and injury will influence liability. A legal professional can help you better understand how these issues may pertain to your case.

What to Do After Your Child Is Injured in a Bounce House Accident

Making sure your child receives medical attention right away is critical after an accident involving a bounce house. If there’s even a chance your child was injured, make sure they see a doctor even if they don’t exhibit obvious signs of injury. Some types of bounce house injuries, such as concussions, may not present symptoms right away.

By seeing a doctor as soon as possible, you’ll ensure your child receives any medical attention they need while also establishing a link between the bounce house accident and their injuries. Failure to establish this link can give an insurance company an advantage if you were to file a claim later. The insurance company could argue that there’s limited evidence linking the bounce house accident to your child’s injuries.

It’s also important to gather as much evidence as you can. Talk to witnesses and, if necessary, get their contact information to have accounts supporting your version of how the accident occurred. You should also take pictures of your child’s injuries and any factors that may have contributed to the accident, such as obvious defects or other signs of negligence at the property.

Your first step in seeking compensation will often be to file a claim with the insurance company of the liable party. However, it’s important to understand that the insurance company is not necessarily on your side here. Their goal is to minimize payouts.

That’s one reason to enlist the help of a legal professional when seeking compensation. A lawyer can also help by identifying the liable parties, gathering evidence to strengthen your case, and negotiating for a fair payout. If the insurance company’s initial offer is too low, or if the insurance company refuses to make a fair offer at all, a lawyer can sue and pursue damages in court.

At Swartz & Swartz, P.C., our Boston child personal injury lawyers are prepared to review your case and offer the representation you and your child deserve. Learn more about what we can do for you by contacting us online or calling us at (617) 742-1900 today to set up your free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.