I rented a “bounce house” for kids to play in at my graduation party. It had began to rain so I told everyone to get out. Then my mother told them the same.
A kid had broken his wrist in the house. His mother was at the party and now she is going to sue me. I myself had signed the lease for the bouncy house.
What are the laws governing liability for something like this and what can I do? This happened in Michigan.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The entire situation can be quickly and easily diffused. It is unlikely the “mother” will have to file a lawsuit, especially if you or your mother carries homeowners insurance. Simply notify your homeowners insurance about the accident.
Concurrently, give the mother of the injured partygoer the name and contact information of your homeowners insurance company or agent.
Your homeowners insurance will investigate the claim. There is a chance they won’t agree to pay the claim based on what is referred to as “assumption of the risk.” When a party goer voluntarily enters a “bounce house” they normally do so with the understanding the activity may be dangerous, and as a result they may become injured.
Whether the insurance company agrees to pay the claim or not, you and your mother will be “indemnified.” That means if you are sued the insurance company will not only pay all your legal fees, but in the event you lose the case they will also pay the amount of the court award up to your insurance policy limits.
In the event you or your mother didn’t have homeowners insurance you will be on your own. If you are sued you can claim “assumption of the risk” as an affirmative defense. It’s unlikely your premiums will increase if this is one of the first injury claims filed against your homeowners policy.
Learn more here: Homeowner Insurance Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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