My Kid Was Hurt during a Magic Show from a Children’s Party We Attended. Do I Have a Case?
Magician shows are becoming a common amusement at birthday parties, but unfortunately, it is not always fun and games. Some types of magic acts can potentially end up harming a young guest at a party. If your child has been hurt at a magic show during a party, you may be wondering if you have any legal way to hold someone accountable. Whether or not you have a cause will depend on the unique circumstances of your child’s injury.
Who Can You Sue for Compensation Following a Magic Show Injury?
The first step in figuring out if you have a case following your child’s injury is seeing if there is anyone you can sue. This will depend entirely on the circumstances of your child’s injury. You will need to consult with a lawyer about your specific case to see what the best option is. It is possible to have a case against more than one person involved in the injury.
If the child is hurt by something on the premises, such as slipping while taking part in the act, you may want to look into suing the homeowner or the owner of the party venue. You may also have grounds to bring a lawsuit against the homeowner if they were supposed to be supervising your child and your child got hurt due to the lack of supervision. If another child did something to injure your child while they were both participating in the magic show, you might even have grounds to sue that child’s parents. Finally, it may be possible to bring a suit against the magician or the magician’s company if your child’s injury happened due to a trick that the magician was performing.
What Are Some Examples of Injuries That Could Result in a Lawsuit?
Before you go further into learning about the legalities of suing following a magic show accident, it is helpful to get an idea of what sort of injury might result in a successful lawsuit. Here are a few examples of injuries that you might have a case to sue about:
- The magician uses explosive smoke bombs in a trick. They are set off right by the children, and your child gets tinnitus.
- While assisting in a trick, your child is cut by a sword because the magician did not use a dull prop sword.
- Your child is burned by the fire used in one of the magician’s illusions.
- The magician leaves knives, explosives, and other dangerous props lying around unsecured.
- Your child accesses the equipment while no one is paying attention and injures themselves.
Keep in mind that not every accident at a magic show will result in you winning a lawsuit. These sorts of incidents probably are not grounds for suing:
- The magician calls your child out of the audience to help in a trick. Your child trips on the smooth, well maintained lawn, falls, and injures themselves.
- A magician releases a dove, and your child, who hates birds, is upset.
- The handcuffs used in a trick leave a slight mark on your child’s wrist where they tried to pull off the cuffs. However, the skin is not broken, and they are not in pain.
Does Signing a Waiver Prevent You from Suing?
After your child is injured, you may find out that the person who hired the magician signed some sort of waiver accepting that there is some risk associated with the magician’s act. This type of thing will make it harder to have a case against the magician, but it is not impossible.
Signing a waiver would simply mean that you or the person hiring the magician accepted that there was some risk associated with the act. It does not mean that you are agreeing not to sue even if the magician is negligent. If the magician does something like improperly secure an animal that bites your child, you can still sue them for being negligent. Even if you cannot bring a lawsuit against the magician, you may still have a case against the person who hosted the party.
What Type of Compensation Can You Seek?
If you win your case, your child will be eligible to receive damages. The exact amount will vary, depending on what happened to your child. At the very least, the judge will award compensation to cover medical bills and other expenses related to the accident. This includes medical bills, physical therapy, and possibly emotional therapy. If the defendant was extremely negligent, the judge may increase the amount of damages owed as a form of punishment. Damages might also be increased if the injury kept your child from going to work, attending school, or participating in other activities that could have benefited the child.
Since you will be bringing the suit on behalf of your child, you will not directly get compensation. Instead, the court will take steps to ensure that the money is only used to benefit your child. It may be used for costs associated with the accident, and then any remaining funds will be turned over to the child once they are 18.
What Will You Need to Do to Prove Your Case?
Keep in mind that you will not be awarded piles of money just because you claim someone’s negligence hurt your child. These types of injury cases will typically require a lot of time and effort, and you will need a talented lawyer on your side. To successfully argue for your lawsuit, you may need:
- Eyewitness accounts of your child’s injury
- Testimony from medical experts about the child’s injury
- Bills detailing costs of the injury
- Video of the events leading up to the injury
- Information about the magician’s contract with the person throwing the party
- Photos of the area where the injury occurred
Winning a case that involves claims of negligence, liability, and personal injury will typically require you to prove four things. You will need to argue that the defendant had a legal duty to provide a reasonable amount of care for your child, and you will need to show that the defendant’s behavior was a breach of this duty. Just showing that the person was negligent is not enough. It is also necessary to show that their actions directly caused the injury to your child. To seek compensation, you will need to prove that injuries were severe enough to warrant the amount of compensation you request.