Case Law Bouncy Castle Accident Claims

Bouncy castle accident claims may be more common than you think. Unfortunately many accidents on bouncy castles can and do cause severe injuries – and these injuries are often to children or minors. Of course, bouncy castles can be a good source of entertainment for children but they are not as safe as we may suspect them to be.

One major issue seems to be with the variety of age groups that use bouncy castles. The danger here is that young children (such as at the ages of 2 to 10) are using the same bouncy castle at the same time as young teenagers (aged 13 to 16) for example. This is a recipe for disaster.

As we are all aware, children grow up at different speeds and some children aged 13 to 16 can be as heavy and as big as adults. This in turn causes a big danger to the younger more vulnerable children as they could be crushed or injured quite easily. Despite this danger being very clear and obvious, some children are still put into this dangerous situation.

A search on the internet will reveal many horror stories regarding people injured on bouncy castles. One such injury was to a young boy, aged 11 at the time of the accident, he was left severely injured and brain damaged when a 15 year old performed a somersault on the bouncy castle and kicked him in the head. These are real life cases and to be honest, it is easy to foresee these types of serious injuries when multiple people are using a bouncy castle at the same time.

None of us want to spoil the party or enjoyment, but we do want our children to be kept safe and free from harm. Bouncy castles can be safe but they do require constant supervision and a common sense approach as to the number of people on the inflatable at once, the different sizes/ages etc. Things like attempting somersaults on a bouncy castle can be dangerous in any event.

If you hire a bouncy castle for a children’s party then you should be aware that you may be held negligent if an accident occurs. You may be under a duty to keep the children safe and steps should be taken to ensure that is the case. The British Inflatable Hirers Alliance (BIHA) gives 7 safety steps to parents who are hosting a bouncy castle party:

1. Adult supervision at all times – this is a must;
2. No somersaults or rough play – an obvious one but children can get carried away in the fun of a party;
3. Similar size users only – this could be difficult not wanting to offend anyone but it is of essential importance;
4. Public liability insurance – check that the company you are hiring the bouncy castle from carries a minimum of £1,000,000 public liability insurance;
5. Accepting liability – on the day of your booking you may be asked to sign a terms and conditions agreement which would include a term stating that you are liable if an injury occurs while the bouncy castle is in your possession – therefore you should ensure any users of the castle abide by the terms and conditions of the agreement;
6. User restrictions – If you hired a child’s bouncy castle then adults and teenagers must keep off it;
7. Weather restrictions – do not risk using a bouncy castle during heavy winds, rain or snow.

You can see why people would not bother hiring a bouncy castle at all, as it is quite a frightening thought to think that someone could be severely injured using a bouncy castle and that you could be liable in negligence. However if you take the steps above then you are probably keeping the bouncy castle as safe as possible and still letting the children enjoy the fun of a bouncy castle.

Not wanting to be a party pooper – but a balanced approach should be taken. When it comes to making a claim for an injury on a bouncy castle, it’s not an easy situation to claim in.