BalloonHQ.com membership - support balloon education
From: Skistz@aol.com
Date: Mon, 7 Feb 2000 10:00:44 EST
Subject: Re: balloons and kids
To: dyrw@jvlnet.com, sdslegal@fooledya.com, balloondeco@fooledya.com


I recieved this message on the SDSlegal@fooledya.com.

As a matter of reference the site was not established as a leagl source of 
information for the industry, its purpose was only as a "waistegate" for BHQ  
so the conversations would not clog up the decoline with SDS patent 
controversy.
In a message dated 2/7/00 7:09:50 AM, dyrw@jvlnet.com writes:

<< Hello,

Does anyone know if we are legally responsable if we deliver a balloon 
bouquet to a family and if the child there chokes and dies on one of our 
balloons,  after we leave, can we get sued?  Also are we liable at 
conventions, banquets or weddings,ect when we deco there and after we leave a 
kid gets hurt from one of our balloons are we legally responsable?

Thanks in advance,

Theresa >>

In reply:

Case in point, look at Burger King and their toy give away, they are getting 
nailed for kids trying to swallow the toys!
You can never underestimate the value of good liability insurance.  I think 
it is an understatement to say you can be sued for anythng these day.  At the 
very least, the threat of a suit will cause a vast amount of aggrevation. In 
anycase, even if you are innocent it will cost you to defend yourself and 
probably end up with an out of court settlement if their favor because it is 
cheaper to do it that way then to procede into a legal battle.
One step that you can take is to notify the recipeint of "the balloon" with a 
written warning, (the exact wording should be legally worked out), and that 
will "reduce" the liability because you have made an effort to notify the 
recipient of the possible dangers. Notice your disclaimer in or on your next 
bag-o-balloons.)  If you have a Whattaburger restaurant chain around you, 
they are big on balloons inside the store with their logo on one side and a 
disclaimer on the back side just as big as their logo.
Talk to your Insurance rep and your lawyer, they will give you the 
appropriate perspective on covering your "assets".
Jim Skistimas 
The Balloon House Design Studio