Bounce house establishments have become a very popular form of entertainment for kids. Birthday parties, family gatherings, and play dates have all been conducted in these establishments. Each one of these businesses, however, requires that all parents sign a waiver of liability for their children before entering the play area.
This waiver will vary in text, but the content usually implies that the establishment is not responsible for any injury incurred at the business, under any circumstance. These forms generally relieve themselves of liability, even if the injury is a direct result of their negligence to maintain the equipment or properly supervise the children.
Under these conditions, parents whose children are injured at a bounce house establishment often feel they have no legal recourse for their child’s injuries. This, however, may not actually be the case.
Public Policy Grounds
Public Policy is defined in legal terms as “the basis for denying the validity of a contract or other transaction because it causes injury to the public good.” Many courts are finding that these liability disclaimers are against public policy because:
• The disclaimers are presented in a manner that the consumer must “take it or leave it.” There is no room for bargaining, and therefore if the consumer wishes their child to participate in a social activity with their friends, they must comply with this waiver and have their rights inhibited.
• Many are often too broad and all-inclusive. Many of these waivers include wording that relieves the business of responsibility, even under reckless and negligent conditions.
• Most waivers are worded in such a way that the parents who sign them are not aware that they are giving up all their rights to sue in the event of an accident. The contracts are seen as unclear and do not meet court standards for being “open and understandable.”
What A Parent Should Do If Their Child Is Injured
After you have secured medical treatment for your child, you should contact a personal injury law group like The Perecman Firm and have your case reviewed. This is very important.
Your attorney can review any waiver that you may have signed and determine the legality of that document. Even if portions of the document are found legal, there is a very slim chance that the entire document will meet the requirements of the court.
Your attorney can take appropriate legal action against the bounce house establishment and sue for the types of compensation your child is entitled to receive. Your lawyer will also ensure that your child continues to receive all the proper medical care that they need to fully recover from their injury.
Children love bounce houses, and for a majority of the time, they provide a safe environment for children to gather. Always encourage your children to play with caution and follow all the rules while they are in a bounce house.
However, if they are injured, do not let the liability waiver cause you to believe that your child is not entitled to medical care and possible compensation.