FEBRUARY 28, 2016:
As a Miami Personal Injury Lawyer, children injuries are typically the most emotionally difficult cases to litigate. In most situations, comparative fault can be applied to plaintiffs, but it is much more challenging to blame a defenseless child for an accident. For attorneys helping those injured in bounce house accidents, the plaintiff is typically a young child hurt while using or occupying the apparatus.
While it is certainly a parental responsibility to supervise their child, when it comes to dangerous instrumentalities such as bounce houses, the vendor holds ultimately responsibility ensuring the safe use of its product. Proper instruction for the safe use of a bounce house is essential, and this must be deliberately conveyed to the user (i.e. parent) prior to a child’s entry. In fact, the American Academy of Pediatrics addressed inflatable bounce house injuries in December 2012 through its study entitled, “Pediatric Inflatable Bouncer-Related Injuries in the United States, 1990-2010.”
That study revealed that from 1990-2010 more than 64,000 children were treated in U.S. emergency departments for bounce house injuries. The American Academy of Pediatrics stressed that bounce houses are no different than trampolines – they are both not safe. Additionally, the publication noted that “from 2008 to 2010, the number of inflatable bouncer-related injuries more than doubled to an average of 31 children per day.” Nevertheless, it is inevitable that children will partake in dangerous recreational activities, but safety measures should still be followed.
Thus, the American Academy of Pediatrics posted certain safety tips for parents during the use of bounce houses. Among several guidelines outlined, perhaps the most important is that “supervision should be maintained all the time – if supervision cannot be maintained, the bounce house should be deflated and moved away.” These safety tips must be followed by parents and vendors alike, for the failure to heed these safety measures will undoubtedly result in child injury.
Being an injury lawyer that represents those hurt in bounce house accidents, the underlying cause of action is typically negligence. The actions taken by bounce house operators during the rental of its product to parents largely form the basis for lawsuits stemming from an injury to a child. Without question, bounce house vendors owe a duty to its customers to properly warn and notify of the risks associated with its use and explicitly convey safety rules. Unfortunately, all too often rules of use and safety are neglected by these bounce house companies, thus leaving the child vulnerable to the dangers of such an activity.
Injured in a bounce house accident? Please contact our Aventura Child Injury Lawyers today by CLICKING HERE!