Can I sue a music festival if my child was playing in a bouncy house and was injured?

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Can I sue a music festival if my child was playing in a bouncy house and was injured?

Other children were there and while exiting the bounce house my daughter was pushed. She fell and broke her wrist. Can I sue the owner of the festival for negligence?

Asked on April 28, 2018 under Personal Injury, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit against the festival owner, it may be possible to settle the case with the festival owner's insurance carrier.
When your daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports.  Your daughter's personal injury claim filed with the festival owner's insurance carrier should include those items.
Compensation for your daughter's medical bills is straight reimbursement.  The medical reports document her injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the festival owner's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the festival owner's insurance carrier, reject the settlement offers and file a lawsuit for negligence.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit on behalf of your daughter must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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