Deflating the Risks of Inflatables
By Darby Dickerson and Peter F. Lake
To many, these games seem harmless: they are filled with air and appear to be soft. Still, as with other amusement rides, inflatables carry risks. Consumer Protection Safety Commission data from 2003 attribute approximately 4,300 emergency-room visits to injuries suffered on inflatables. These injuries ranged from cuts and bruises suffered through collisions with other users, to paralysis and death from falling off the game. Although most reported injuries involve children, two high-profile deaths—one on an obstacle course and one on an inflatable climbing wall—involved a teen and young adult, respectively.
Only a few court decisions address injuries suffered on inflatables. In these cases—which are similar to trampoline injury cases—plaintiffs often focus on negligence theories, such as failure to warn or failure to supervise. Thus, it is important for colleges to use reasonable care when bringing inflatable games to campus.
Take Safety Precautions
The good news is that inflatables are relatively safe, especially when the risks are managed.
When renting an inflatable, work only with experienced, reputable operators who have the correct state licenses, and carry the appropriate level of insurance. Arkansas, Iowa, Kentucky, Maine, Maryland, Massachusetts, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, and Wisconsin all have laws that specifically regulate the private rental of inflatable games.
Ask about the operator’s safety record, request—and check—references, and determine whether the operator belongs to industry groups that promote safety. Hire operators who will provide trained attendants to work the entire event, not operators who merely drop off the inflatable and leave.
Ask whether the equipment you intend to rent meets American Society for Testing and Materials Standard F-2374, which outlines safety requirements for inflatable manufacturers and operators. Also, some inflatables are designed for children, and others are designed for adults. Based on who will be attending the event, order the appropriate type of game. In addition, some games are more dangerous than others. For example, more injuries seem to occur on tall slides with steep inclines and on water games. Conversely, “closed” games that are covered and have sides, such as moonwalks, typically are safer than “open” games because people are less likely to fall off or out of them.
Involve legal counsel in the rental process. Have counsel review the contract, especially if it contains risk-shifting clauses, such as hold harmless agreements and waivers. Ask counsel to determine whether the college’s insurance policy will cover the risks associated with having an inflatable on campus.
Before the event, work with the operator, college safety officers, and facilities personnel to select an appropriate site. The site should be flat, clear of debris, and free from overhead and underground obstructions.
During the event, ensure that the operator monitors the site, equipment, and weather. Inflatables generally should not be used when winds exceed 20 miles per hour, when the temperature falls below 40 degrees, or in extreme heat. Work with the operator and security personnel to develop a
communications protocol and a plan to deal with emergencies, crowds, and other unanticipated situations.
An appropriate number of trained attendants should monitor the game and participants at all times. The manufacturer’s specifications for the game, which the operator should have, typically designate the minimum number of attendants needed. The attendants must understand the warnings (possible risks associated with playing on the game, such as spinal cord injuries if the user attempts certain maneuvers) and safety rules (such as no horseplay, no shoes, etc.), and verbally inform each potential player of those warnings and rules. It is important to post clear, legible signs with warnings and safety rules near the inflatable so users can read them before entering the game. Attendants should carefully watch what is happening on and around the inflatable and strictly enforce all of the rules. Finally, attendants should have access to first-aid kits and fire-safety equipment, and should understand who to contact and how to proceed if an accident occurs.
By following the risk management techniques outlined, events with inflatable games can be fun and safe for all involved.
Darby Dickerson is vice president and dean of Stetson University College of Law. Peter F. Lake, the Charles A. Dana Chair at Stetson University College of Law, is co-author of The Rights and Responsibilities of the Modern University (Carolina Academic Press, 1999) and co-director of Stetson’s Center for Excellence in Higher Education Law and Policy. An expert in higher education law and policy, Lake sits on several boards, including The Center for Academic Integrity and the review group of The Higher Education Center.
From Leadership Exchange, Winter 2005, p. 22, http://www.naspa.org/membership/mem/pubs/lex/Vol_3_Iss_4_December2005.pdf