QUESTION
Who would be responsible for a rented inflatable waterslide injury?
Asked on Jun 07th, 2017 on Personal Injury - California
More details to this question:
My daughter had a birthday party. We invited friends and people from school. One dad dropped off his 10 year old son. We never said to drop off kids and leave but he did that, also didn't leave any phone numbers, nothing. He was playing with other kids, other boys his age. We had an 18 Foot Waterslide for rent. The waterslide company never gave us papers to sign or told us of any danger that can happen. The boy who got injured was at the bottom of pool when another one came flying down and hit him. Boy had a tear in small intestine and needed surgery and spent 7 days in hospital. We are renting the house and there’s no renter’s insurance. Dad said if his medical won't get reinstated, he will go after home owners but we are only renting. What happens with that? Also the boy who knocked him down was bullying him which I didn't see because I was so busy with everything at the party. Other adults saw and kids but no one said anything. Now the injured boy is stating the kids were bullying him all day and he did it on purpose.
1 ANSWER
There was no defect in the slide and no need to warn against ramming into someone. so the manufacturer/rental company are not liable, the landlord's insurance carrier might pay a little to get rid of the matter but I do not see any real liability, the child, and his parents, who slid into the other child are definitely liable [but would not have any insurance coverage], I don't think the child's father is negligent as the accident was not foreseeable, especially if it was intentional, you might be liable if you knew some of the children were behaving irresponsibly on the slide or could reasonably foresee there might be an accident. How his parent proceed probably depends upon what the medical bills and extent of injury are.
Answered on Sep 01st, 2017 at 8:21 PM