The Texas legislature has responded to injury reports by the Consumer Product Safety Commission and other independent studies that revealed children were being injured in unprecedented numbers in bounce houses, moon walks, and other inflatable amusement rides.   The Texas House passed HB 3570, which bans the operation of inflatable amusement rides unless the operator of the unit “has a combined single limit insurance policy . . . in an amount of not less than $1 million per occurrence.”  This insurance requirement was intended to protect the children of the State of Texas by ensuring that adequate coverage exists to pay for the medical bills and other compensatory damages that seem to follow bounce houses, moon walks, giant slides, and other inflatables wherever they are used.

The new Texas House Bill should apply to inflatables of all kinds, including slides, obstacle courses and climbing walls.  The Bill defines the affected amusement rides as any unit that “is mechanically inflated using a continuous airflow device” and which “provides a surface for bouncing and jumping or creates an enclosed space for the purpose of amusement.”  This broad definition was no doubt intended to encompass inflatables of all kinds, which have caused broken bones, concussions, severe injury, and even death.

The new Act, which was voted into law on May 17, 2011, took effect on September 1, 2011.  The Act should make it easier for injury victims to recover damages in lawsuits filed for the negligence of the inflatable’s operators, for the defect design of dangerous inflatables that do not meet product liability standards, and for the failure of property owners to detect and warn their guests about hazards created by the this type of moon walk, bounce houses, and slides.

If you or your child has been injured while using a bounce house or similar inflated attraction, and that injury required medical attention, you should contact us so that we can match you with the best attorneys.