Both children and adults can enjoy a bouncy castle, but if safety rules are not followed, or infants are not supervised, it could result in an accident and a subsequent compensation claim being made.
Inflatables, which are rented out for events such as village fairs, child’s birthday parties or fairgrounds, or bought by establishments as a permanent fixture, are designed with fun in mind but can be very dangerous if people behave recklessly on them.
YouClaim can help you take legal action against the company responsible for failing to provide a safe apparatus, or against an individual who caused the injury for failing to act in a safe and responsible manner. Call today on 0800 10 757 95 or fill in an online enquiry form.
Injuries on a bouncy castle may well be mild; bruises, cuts, bumped heads, unfortunately, in some unfortunate circumstances serious injury could occur. Damage to the head from accidents, collisions or falling could lead to long term brain damage, or trips and bumps could damage the spine which could lead to serious and possibly long term injuries. Most common are injuries such as broken or fractured bones, cuts and wounds from falling off or being pushed off bouncy castles, or accidents that occur on the inflatable. There can also be injuries if the bouncy castle deflates quickly due to a puncture or loss of air supply.
Before the bouncy castle is set up by the hirer, the company usually makes the customer sign a terms and conditions agreement which states that, in the event of an injury taking place whilst the inflatable is in use, the supplier will not be found liable.
Due to this agreement with the company, if a child gets injured due to the negligence of the supervising adult then, parents seeking compensation must pursue their claim with the hosts and not the bouncy castle provider.
It is up to those hiring the bouncy castle for an event to take responsibility for any incidents.
Some hosts may be genuinely negligent during an event, and this could lead to a preventable whiplash neck injury, or other incident. Most parents however, are careful to oversee all aspects of a party and look out for any behaviour which could result in a child getting hurt.
In cases where parents have acted to the best of their ability to avert any accidents, but a child still suffers injury, it may be decided that the incident was not reasonably foreseeable.
For example, if a usually calm child suddenly pushes another child off the bouncy castle, then the host could argue that there was no way to predict that particular child's actions at that moment.
As every case is different, it is best to discuss your situation with an expert. The solicitors here at YouClaim can advise you whether you have a case when they have heard the full story.
If you or your child has sustained a personal injury, including whiplash, in a non-fault accident while on an inflatable, you could be eligible to claim for the pain, suffering and any permanent damage. As a parent, you may also need to take time out of work to care for your child, which compensation will help to alleviate. There have been many cases where serious brain, spine and neck injuries have received considerable settlements due to the permanent and life-threatening nature of such injuries.
To speak to an adviser about making a bouncy castle accident claim, phone on 0800 10 757 95. Alternatively you could take a moment to fill in one of our online claim forms and one of our team will give you a call back.
The rules of no food or drink and no shoes are in place to keep the bouncy castle clean, but will also prevent individuals from slipping on spilt drinks, choking on food they were eating while bouncing, or hitting someone with one of their shoes by accident during the amusement.
Furthermore, anyone on a bouncy castle should be careful not to push anyone so as to send them falling off the edge of the inflatable, and should pay attention to where they are bouncing as they might land on top of someone or collide with them.
Adults should be aware of these risks and children need to be supervised so that they do not hurt themselves or others while playing.
Simple common sense, such as not allowing an older child or adult to bounce on an inflatable when there are young infants already on it, will reduce the risk of a personal injury being sustained.
If someone is hurt in a non-fault accident, then liability for the incident will rest with the supervising adult, the person who caused the accident, or potentially the people who run the premises, depending on the circumstances behind the case.