Legal Corner: Inflatables as Amusement Devices
Please see the following legal information regarding inflatables used as amusement devices. This information was provided by the Trust attorneys.
Our attorneys state:
Recently, the Trust received an inquiry from an insured school system concerning the Rules and Regulations for use of Inflatable Amusement Devices. Amusement devices, including inflatables, are regulated by the Tennessee Department of Labor and Workforce Development, Elevator and Amusement Device Safety Board. That Board has issued Rules and Regulations designed to protect users (Tenn. R & R Ch. 0800-03-04). The owner or managing operator of the Inflatable is obligated to comply with those Regulations.
In compliance with those regulations, any school or other insured which uses an inflatable should require the following:
The name of the owner and managing operator, if any, of the inflatable.
- A copy of the current Annual Permit issued by the Elevator and Amusement Device Safety Board to the owner or managing operator.
- A copy of any current written notifications received by the owner or managing operator from the Elevator and Amusement Device Safety Board.
- A certificate of insurance showing that the owner has insurance for bodily injury and property damage with limits of at least $1,000,000, and clearly showing the Inflatable as being an insured device.
- The owner to install and setup the inflatable, and to provide all equipment necessary to operate the inflatable.
- The owner to provide and install all required signage.
- The owner to provide training to any ride attendants, including any volunteers.
- In the event of an accident involving death or a serious physical injury, the owner to provide a copy of the accident report and the accident inspector's report. NOTE: The Regulations require the accident scene to be preserved until the accident inspector completes the accident inspection.
The complete outline of Tennessee's Rules and Regulations for 0800-03-04 can be found here.
If you have any question regarding the use of inflatable amusement devices, please contact your local loss control specialist:
Jason Baggett - (865) 850-4995
Chris Stites - (615) 289-4101
Mark Bilyeu - (615) 210-7827