Bouncy Castles....

Bouncy Castles....

With the nice weather having finally arrived (at the time of writing this article at least!), it seems topical to talk about accidents involving bouncy castles.

Bouncy castles are extremely popular and offer tremendous fun for children.  Accidentsare not uncommon and sometimes may result in a child being seriously injured.  This is not intended to put people off the use of bouncy castles but instead to highlight the importance of ensuring that they are used safely.

Companies which supply bouncy castles provide a list of guidelines for the safe use of the equipment.  Of great importance, is making sure that the bouncy castle is constantlysupervised by an adult.  Accidents often occur when children are allowed to climb up the sides of the equipment, when they may then either fall over the top on to the ground or fall or jump back in and land on another child.  Injuries can also often result fromboisterous behaviour, if either too many children are allowed on it at one time or there is a big gap in age.

Sometimes during an event, there will be a time when the bouncy castle is not in use. Even then, it is still important to make sure that it is supervised or deflated, which is quick and easy to do.

Where a public event is being organised, such as a village fete, it is good practice to carry out a written risk assessment in advance.  If an injury occurs as a result of the unsafe operation of the bouncy castle, then a successful claim for compensation may be brought in negligence.

The advice is to make sure that the company supplying the bouncy castle has public liability insurance cover.  This however will only cover the supplier’s liability for theaccident such as injuries caused by the equipment failing or being set up incorrectly or unsafely.  Suppliers will always tend to make it clear that the hirer is responsible for ensuring that the bouncy castle is supervised at all times and that the Conditions of Hireare followed.  It is therefore important to make sure that you have your own public liability insurance cover for the hiring of a bouncy castle.  This is often covered by a home insurance policy and therefore may not involve taking out additional insurance.

Finally, it is not sufficient to put up a sign seeking to avoid liability for any accident as (under the Unfair Contract Terms Act) you cannot disclaim liability for death or personal injury.