Liability For Injuries In Cosmo Jumps

Cosmo Jumps are inflatable, balloon-type amusement devices. They are also referred to as “bounce houses” or “moonwalks.” They consist of two chambers, the lower one providing a flexible plastic cushion on which a person can bounce or jump. The upper chamber, when inflated, has plastic walls which comprise the room that contains people who bounce or jump in it.

Cosmo Jumps do not have any ridgid external framework, only nylon ropes which attach it to the ground. These devices contain only flexible, plastic surfaces, so there is no obvious danger of injury. However, they do present hidden dangers inherent in landing jumps improperly. In addition, if their use is not supervised properly, jumping around in a Cosmo Jump can result in injuries.

Cosmo Jumps are popular for children’s parties and school festivals and celebrations. Usually, a person or entity rents the Cosmo Jump for a day in order to provide entertainment to children at an event.

What Are the Hazards of Cosmo Jumps?

Among the risks presented by a Cosmo Jump are the following:

• Falls both into and out of a bounce house are reportedly the most common cause of injuries to users;
• Users performing stunts and colliding with other users is a common hazard;
• According to the Consumer Product Safety Commission (CPSC), jumping or sliding head down and attempting whole-body flips are all moves that are associated with an increase in head and neck injuries as well as neurological injury. While there are national safety guidelines for trampolines, there are no guidelines for inflatable bouncers such as the Cosmo Jump.

A variety of interested parties have developed guidelines that parents and others should apply when people, including children, are using an inflatable bouncer:

• Maintain Adult Supervision: Adults should monitor use and actively restrict dangerous activity;
• Set-up: Users want to make sure the bounce house is set up properly, so there is no danger of collapse;
• Check for Insurance, Registration and Legality: A person who rents a bounce house should check the lessor for insurance, registration and legality, e.g. licensing;
• Prohibited Items: Keep certain items away from the bounce house, e.g. sharp objects, food and drink, hard toys or other objects, jewelry and glasses;
• Location: A bounce house should be set up in a place that flat and open;
• Appropriate Size: The sponsor should choose a bounce house that is the right size to accommodate the expected number of users;
• Limit Children: The number of children who use the bounce house at one time should be limited to from one to several only depending on the size. A sponsor may also want to limit the age of he children who are allowed to use it;
• Water: If not designed for use with water, it is better to keep water out of a bounce house, because water creates a slip hazard;
• Disassembly: If there are high winds or bad weather, it is time to take the bounce house down.

Is a Manufacturer or Distributor of the Cosmo Jump Liable for Injuries?

Both a manufacturer and a distributor of a Cosmo Jump can be liable for injuries suffered by a user of the product.

Depending on the facts of each case, liability may be based on the following four theories of liability:

• Negligence: A company that manufactured Cosmo Jumps or a distributor of the product could be liable for negligence. A person injured in a Cosmo Jump would have to prove that the manufacturer and distributor owed them, as a user, a duty of care, that they engaged in some act that breached the duty, that the breach directly caused the person injury and that the person suffered economic losses as a result;
• Breach of express warranty: A contract that a person may have with a manufacturer or distributor may contain provisions that make promises about the quality or performance of the product that is sold. Contract provisions guaranteeing that a product is of a certain quality or will perform to certain standards are warranties.
  • If the consumer of a product that is sold with express warranties is injured when the product does not perform as promised or is not of the quality guaranteed, then the consumer has a case for the breach of express warranty;
• Breach of implied warranties: Both state and federal law provide that sales of products contain an implied warranty of the fact that the product is fit for the purpose for which it is intended. So, for example, a Cosmo Jump should be fit to be set up and used by consumers for bouncing and jumping without the risk of injury. In addition, federal law says that a product must also be packaged and labeled for sale. It should also meet the specifications that are displayed on the package label;
• Strict product liability: A product that has a defect which causes injuries to a user of the product is strictly liable to that person for their injuries. The injured person does not have to prove that negligence gave rise to the defect. Rather, they must only show that the product was defective and that the defect caused injury to the victim.
  • A manufacturer or distributor can be liable for a design defect, a manufacturing defect or a warning defect. A warning defect would be failure to warn of dangerous conditions connected with use of the product. A manufacturer or distributor might also be liable on a theory of failure to instruct users how to use the product in a safe manner.
  • Manufacturers and distributors have a duty to warn consumers of dangers that they know can be associated with the use of their product. They also have a duty to provide consumers with adequate warnings of dangers inherent in any use of the product that is foreseeable.

What Are Examples of Ways in Which a Manufacturer or Distributor Can Be Liable?

For example, a rental company that rents a Cosmo Jump to the sponsor of an event might set it up at the location of the lessee’s event. If the rental company were to set up the Cosmo Jump in a negligent or reckless manner, the Cosmo Jump might collapse when it is in use with consequent injuries to the users. This would be a case of negligence on the part of a distributor, i.e., the rental company.

Another example would be if the sponsor of an event that rents a Cosmo Jump and offers it for use by guests fails to provide continuous adult supervision. This oversight could make them liable for negligence, if a user is injured at a time when a supervising adult was not present and actively engaged in supervising users..

In an actual case, a woman was able to recover damages for negligence when she was injured in a Cosmo Jump called the “Moonwalk.” Her injury occurred soon after she got on the device when she landed on her backside and could not get up. There were no posted signs or instructions, and she had only been instructed to take off her shoes, remove all sharp objects from her pockets, and not to bounce within 5 feet of others. She was not warned about the danger of falling and being unable to get up and what to do if this happened.

Should I Consult An Attorney for Help with a Cosmo Jump Injury?

If you or your child have been injured in a Cosmo Jump, you should contact a personal injury attorney immediately.

A personal injury attorney can review the facts of the situation and advise you as to whether you have a case against the manufacturer, distributor or other person involved in the operation of the Cosmo Jump.

If you have a case, your attorney can prepare and file a lawsuit on your behalf and represent you throughout the legal process. You need professional expertise to prove your case and assert your right to recover damages for your injuries.