Legal Question in Personal Injury in Texas

I just opened a small business and we are planning our grand opening party. I was wanting to get a bounce house for the kids that come but my landlord is worried about someone suing her if their child happens to get hurt in the bounce house. Is that the case and if so, is there anything we can do to keep that from happening so that we can have it, IE: putting up a sign saying we are not responsible, or something like that. Thank you


Asked on 2/29/12, 12:29 pm

1 Answer from Attorneys
Paul H. Cannon Simmons and Fletcher, P.C.

Probably not. Kids are tricky. Kids under the age of 6 cannot be negligent. Kids 6-17 are judged by a lesser standard than adults. Furthermore, contracts with minors are voidable and parents cannot generally contract away a minor's rights. So a sign - minors are to young to appreciate the danger so the warning is not necessarily effective and warning to a parent does not protect you from the child. A written contract signed by the parent can be voided out by the minor as well as a contract signed by a minor.

This does not mean the child will always prevail. Inherent dangers can be hard to hold another responsible for. But you asked if there was a way to prevent claims from being brought against you. Thus, the answer is "no."

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Answered on 2/29/12, 2:21 pm


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