Inflatable bounce houses, also known as bouncy castles or moonwalks, are a staple at birthday parties, community festivals, and school events across Alberta. These colourful structures are designed to bring fun and entertainment to children, but when safety precautions are overlooked, bounce houses can quickly become dangerous. In recent years, the number of injuries involving inflatable play structures has risen, raising questions about safety standards and legal responsibility.
While bounce house injuries may seem like unfortunate accidents, many are preventable and may result in a personal injury claim. Understanding the risks, potential causes, and legal remedies available is important for families whose children have been injured while playing in or around these inflatables.
Common Causes of Bounce House Accidents
Several factors can contribute to bounce house injuries, ranging from poor supervision to manufacturer defects. One of the most common issues is improper installation. Bounce houses must be securely anchored to the ground to prevent them from tipping over or becoming airborne in strong winds. If a bounce house is not properly secured, even a moderate gust of wind can lift it into the air, posing a serious risk to children inside or nearby.
Overcrowding is another leading cause of injury. Many event organizers and rental companies fail to enforce safe occupancy limits, which increases the likelihood of collisions, falls, and trampling. Mixing children of vastly different ages or sizes in the same bounce house can also result in injuries, as older or larger kids may inadvertently knock smaller ones over.
Additionally, a lack of adult supervision or the presence of untrained staff can contribute to hazardous conditions. Children may be allowed to engage in rough play, somersaults, or flips, which can result in head, neck, or spinal injuries. Finally, defective or poorly maintained equipment, including torn seams or malfunctioning blowers, can cause sudden collapses or exposure to hard surfaces.
Types of Injuries Associated With Bounce Houses
Bounce house injuries can range from mild to severe. Common injuries include sprains, fractures, and bruises caused by falls or rough contact with other children. Head injuries are also common, particularly concussions or other traumatic brain injuries sustained during high-impact collisions or falls onto unpadded surfaces.
In more serious cases, children have suffered spinal cord injuries, dislocated joints, or lacerations from exposed hardware or torn materials. There have also been reports of children being ejected from bounce houses entirely, leading to broken bones or even fatal injuries when the inflatable structure becomes airborne.
Psychological trauma should not be overlooked either. A child who experiences a frightening fall or injury in a bounce house may suffer lasting emotional distress, such as anxiety, sleep disturbances, or a fear of attending future parties or events.
Who Can Be Held Liable?
Determining liability in bounce house injury cases can be complex, as multiple parties may share responsibility depending on the circumstances. In Alberta, personal injury law allows injured parties to pursue compensation when another person or entity’s negligence contributed to their harm.
The event organizer or property owner may be held liable if they failed to ensure that the bounce house was set up safely or did not provide adequate supervision. This includes schools, community groups, or private individuals hosting events.
Rental companies are also frequently named in bounce house injury claims. These businesses are responsible for maintaining their equipment, training staff on safe installation practices, and providing clear safety instructions. If the rental company fails to anchor the structure properly, delivers faulty equipment, or does not warn about safety risks, it may be considered negligent.
In some cases, the bounce house manufacturer could be liable if a design or manufacturing defect contributed to the injury. For example, if the inflatable’s material was not strong enough to hold the expected weight or if the seams were poorly constructed, a product liability claim may be appropriate.
Legal Considerations in Alberta
When a child is injured in a bounce house accident, their parents or guardians may pursue a personal injury claim on their behalf. In Alberta, the law generally allows for compensation when someone’s negligence results in injury, and that includes situations involving recreational equipment like inflatables.
It is important to note that Alberta law does impose limitation periods for filing a personal injury claim. However, in the case of minors, the limitation period typically does not begin until the child turns 18, giving families time to assess the full extent of the injury and pursue legal advice.
If the incident occurred on municipal or school property, additional legal requirements may apply. Claims against government entities must be filed within a shorter time frame, and notice of the claim must often be given in writing within a specified period. This makes it especially important for parents to consult a personal injury lawyer as soon as possible after an injury occurs.
What Compensation May Be Available?
Victims of bounce house injuries may be entitled to compensation for various damages, depending on the nature and severity of the injury. Compensation may cover medical expenses such as hospital visits, physical therapy, and assistive devices. If a parent had to take time off work to care for their injured child, lost income may also be recoverable.
Pain and suffering, both physical and emotional, are another category of compensation. Courts recognize that serious injuries can affect a child’s quality of life, even long after the physical wounds have healed. In some cases, future care costs may be awarded, especially if the injury results in long-term disability or psychological effects.
In rare but serious cases involving gross negligence or reckless disregard for safety, punitive damages may also be considered. These damages are intended to punish egregious conduct and send a strong message about the importance of safety and accountability.
Steps to Take After a Bounce House Injury
If your child has been injured in a bounce house accident, taking prompt action is essential. First and foremost, seek medical attention right away. Even if injuries appear minor, some conditions, like concussions or internal injuries, may not be immediately obvious.
Be sure to document everything related to the incident, including photos of the bounce house, the surrounding area, and any visible injuries. Collect the names and contact information of witnesses and, if applicable, request a copy of any incident report filed by the event organizer or rental company.
Keep records of all medical visits, expenses, and communications with insurance companies or other parties involved. This documentation will be crucial if you choose to pursue a legal claim.
Most importantly, speak with an experienced personal injury lawyer who understands Alberta law. A legal professional can assess the facts of your case, help identify liable parties, and guide you through the claims process to ensure you receive fair compensation.
Safety First, But Legal Rights Matter
Bounce houses are meant to provide safe, active fun for children, but when safety protocols are not followed, the results can be devastating. Parents have every right to expect that the equipment their children play on is safe, well-maintained, and supervised. When that trust is broken and injury occurs, Alberta’s personal injury laws offer a path to accountability and compensation.
Contact Cuming & Gillespie LLP For Trusted Advice On Bounce House Accidents And Injuries
If your child has suffered an injury in a bounce house accident in Alberta, it’s crucial to understand your legal options. At Cuming & Gillespie LLP, our serious personal injury lawyers in Calgary, Alberta, have a quarter century of experience helping families like yours. We possess the knowledge, experience, and skills necessary to investigate the circumstances of the injury and fight for the compensation you deserve. Don’t delay in seeking legal guidance. Contact Cuming & Gillespie LLP today at 403-571-0555 or reach out to us online for a confidential consultation. Let us help you navigate the legal process and secure the best possible outcome for your family.