Bounce House Accidents
Bounce houses are extremely popular among kids at events, and injuries generally occur because of the lack of bounce house safety rules. The most common injuries happen during installation or due to a fall resulting in sprains, whiplash, fractures, or head injuries (closed or open).
Several potential people could be liable for injuries sustained in a bounce house, depending on the injury and the reason why the injury occurred. For example, the following parties could all be separately or jointly liable for the injuries:
- The bounce house operator or supervisor.
- The bounce house equipment owner.
- The installers of the bounce house.
- The individual who rented the bounce house (e.g., person, group, entity, or organization).
- The manufacturer of the bounce house if the bounce house was faultily produced.
- The property owner who hosted the bounce house.
Determining who is at fault in a bounce house accident case can be complicated because the facts of the case may change who is responsible. As a result, if someone has been injured or sued for a bounce house injury, it is essential to contact a personal injury attorney as soon as possible after the accident.
Iowa Bounce House Accident Attorney
If you have been injured in a bounce house accident, contact McCarthy & Hamrock, P.C.. Our attorneys have decades of personal injury experience and can protect your rights. By hiring a lawyer early on in your case, you can rest easy knowing that someone has your back through this process.
Put your health in good hands with McCarthy & Hamrock, P.C.. Our personal injury lawyers have offices in West Des Moines, but we also accept clients throughout every part of Polk County and Dallas County including Des Moines, Pleasant Hill, Polk City, Runnells, and Altoona.
In a personal injury case, an individual may receive economic and non-economic damages, which may be reduced because of comparative fault.
Economic damages are those that include anything that is reasonably easy to calculate, such as medical bills, lost wages, and loss of property. These are generally easy to calculate because there are concrete numbers to look at and use in calculations. For example, for lost wages, an attorney will look at the days of work missed or days missed in the future due to the injury. For medical bills, an attorney will look at the medical bills accrued and will hire an expert to determine what medical treatments and medication will be needed for ongoing treatment, if necessary.
Non-economic damages are not as easily calculated as economic damages because they are more subjective. Non-economic damages may include pain and suffering, inconvenience, and the impact on one’s life. For example, if a child is thrown through the air because of high winds and the bounce house was not evacuated, the child may have PTSD or other mental injuries that would fall under non-economic damages.
Iowa follows the comparative fault doctrine, which allows someone to recover damages, even if they were partially at fault. For example, if a plaintiff is assigned 40% fault of an accident and the damages are calculated to be $100,000, then the plaintiff would receive $60,000 rather than $0, as in some other states.
Generally, home insurance will cover bounce houses on someone’s property. However, it may still be essential to contact the insurance company and ensure the bounce house will be covered to minimize the risk of paying damages.
Statute Of Limitations
Under Iowa law, the statute of limitations for a bounce house accident is two years, meaning that someone injured in a bounce house accident (or their guardian) must bring a lawsuit within two years of the accident date. If the case is not brought within two years of the accident, then the case will likely be dismissed because the statute of limitations has run.
Bounce House Safety Tips
Implementing the following tips will increase the odds that there are no injuries when using a bounce house:
- Take off shoes, glasses, jewelry, or other loose objects before entering the bounce house.
- Ensure that an adult or trained staff member always supervises the bounce house.
- Ensure the children refrain from rough housing such as tackling, wrestling, or doing flips in the bounce house.
- If there are high winds, deflate the bounce house until the weather improves. Winds up to 13 mph can cause the bounce house to deflate or be pulled off the ground, so children must be removed once winds pick up.
Iowa Bounce House Regulations: This website provides more information on regulations and rules required by Iowa concerning the operation and rental of bounce houses.
Iowa Code (2022): This website provides more information concerning laws in Iowa, including rules on property and personal injuries.
West Des Moines Bounce House Accidents Lawyer | Polk County, Iowa
If you or someone you know has been injured in a bounce house accident, it’s critical you seek legal representation. Our attorneys at McCarthy & Hamrock, P.C. have years of experience representing personal injury victims. We can evaluate and file a claim for your recovery.
Do not tackle this legal challenge alone. Call (515) 279-9700 to secure an initial consultation today. McCarthy & Hamrock, P.C. has offices in Des Moines, but we accept clients throughout every part of Polk County and Dallas County, IA.