CLIENT PAGE
Inflatables
What you need to know so you won’t get bounced.
By Kay K. Morgan
Parents of young children know the birthday party appeal of inflatables
like bounce houses, trampolines, and moonwalks. But it’s no picnic to
learn that your homeowner’s insurance won’t be of any help if someone
gets hurt on a blow-up dragon slide in your front yard at your kid’s
celebration. A few tips may help ensure your next shindig with
inflatables won’t be a bust and that you don’t get bounced into state
court with a lawsuit on your hands.
The most important tip to
keep in mind when renting an inflatable is to rent from a reputable
vendor. A reputable and a “legal” vendor in Texas must: (1) be fully
insured and (2) have a current Texas Amusement Ride Compliance Sticker
(similar to an automobile safety inspection sticker) from the Texas
Department of Insurance, or TDI, for each inflatable that is rented with
that device’s vend/serial number on the sticker.1 The
stickers must be obtained annually, and the filing fee is $40 for each
sticker.2 Ask for a copy of the sticker if one is not
displayed on the inflatable and make sure it is current for the year. To
check for vendor compliance, go to
http://www.tdi.texas.gov/commercial/documents/lcamcurrentsticker.pdf.
This list is updated weekly and shows the name of the vendor and the
inspection expiration date. If a vendor is listed on the TDI website,
then that vendor is in compliance with the regulations requiring annual
inspections and liability insurance in the amounts specified in Chapter
2151 of the Texas Occupations Code, or TOC, as discussed
below.3
The TDI regulates amusement rides for safety
and liability. It has determined by law that inflatable devices are
considered amusement rides. TOC defines an amusement ride as “a
mechanical, gravity, or water device or devices that carry or convey
passengers along, around, or over a fixed or restricted route or course
or within a defined area for the purpose of giving its passengers
amusement, pleasure, or excitement.”4 The TDI classifies
amusement rides as either a “Class A” ride (“Any amusement ride with a
fixed location and designed primarily for use by children 12 years of
age or younger”6) or a “Class B” ride (“Any amusement ride
not defined as a Class A amusement ride”7).
By
definition, “inflatables” are a Class B ride. Under TOC8 and
the Texas Administrative Code,9 Class B amusement ride
compliance for continuous air flow inflatables requires limits
of liability of $1,000,000 bodily injury per occurrence and $500,000
property damage per occurrence.10
The inspection for
the TDI Texas Amusement Ride Compliance Sticker is performed by an
approved inspector of the insurance company issuing the insurance
policy.11 TDI does not inspect rides; rather, the ride’s
owner or vendor’s own insurance company inspects the rides. The sticker
indicates that the ride has met the standards required by the
manufacturer, insurer, and/or the American Society for Testing and
Materials.12 However, recognition by the TDI that the
amusement ride has satisfied these standards is not an endorsement by
the TDI of a statement regarding the safe operation of the amusement
ride.
Five tips when renting an inflatable such as a bounce
house, slide, or moonwalk:
-
Vendors: Check the TDI website and rent your inflatable only from a reputable vendor who can provide you with a current Amusement Ride Compliance Sticker showing insurance and annual inspection and make sure that the sticker is current and the vend/serial number matches the inflatable vend/serial number that you are renting;
-
Equipment: Rent inflatables that are suitable for the age group participants;
-
Supervision: Don’t use the inflatable as a babysitter. Constant and reliable supervision is paramount in maintaining a safe event;
-
Weather: Have a plan B for inclement weather. Check the warning label on the inflatables for information on high winds and what is or is not sustainable for use of the inflatable you are renting. Using the inflatable in thunderstorms and rain, regardless of size, is generally unacceptable; and
-
Safety Rules: Ask the vendor from whom you are renting the inflatable what specific safety rules apply to the particular inflatable you are leasing and review any warning label or manufacturer instructions.
Following these tips may help to make your next “inflatable” birthday
party or event safe and successful so that you don’t get
bounced.TBJ
This article, which was originally published on the Merlin Law
Group’s blog, has been edited and reprinted with permission.
KAY K. MORGAN
is an associate of the Merlin Law Group in Houston, where she focuses
on legal research and writing. The foundation for that focus was laid in
1979 when she was awarded a clerkship with the Hon. John R. Brown, of
the U.S. Court of Appeals for the 5th Circuit. Throughout her career,
Morgan has practiced in large and small firms and represented both
plaintiffs and defendants in a variety of practice areas but finds her
present representation of policyholders against insurance companies
perhaps the most rewarding.