My son was injured in the child watch at our local gym, what are my personal injury rights? 33 Answers as of July 08, 2013

My 7 year old son was injured in the child watch at our local gym and I want to know what are my rights? There was supervision in attendance when he was injured.

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
It actually depends on how badly he was hurt. If he has made a complete recovery, and has no medical bills, you probably do not have any "damages" to sue for. Conversely, if he remains injured and/or you have medical bills, you can sue for negligent supervision and possibly for premises liability.
Answer Applies to: Missouri
Replied: 8/17/2011
Coulter's Law
Coulter's Law | Coulter K. Richardson
You have until two years after he turns 21 to file a lawsuit. I am not recommending you wait that long, but don't panic. Investigate the incident. Were there video cameras in the facility that showed the child watch area? Get those recordings right away before they get recorded over. Kids get hurt sometimes, that is part of life. However, if you have some form of proof, like videotape, that would show conclusively that the child was not being supervised sufficiently, then your case would be better.
Answer Applies to: New Jersey
Replied: 8/15/2011
Law Offices of Richard Copeland, LLC
Law Offices of Richard Copeland, LLC | Richard Copeland
Injury alone is not enough. To make a viable claim against the facility, you must be able to show that the injury was caused by an act or omission of negligence by those responsible for watching your child or by an unreasonably dangerous condition of the property.
Answer Applies to: Colorado
Replied: 8/11/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Not easily discussed online. You need to give up the dollars and hire a lawyer.
Answer Applies to: Michigan
Replied: 8/11/2011
Wilson & Hajek,LLC, a personal injury law firm
Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
As an experienced Virginia personal injury attorney, I would need to know a lot more facts to determine if there is a potential injury case. How was child injured? I really need a lot of details here as a determination must be made about fault. How serious are the injuries? What forms did you sign when utilizing the service? Who owns the gym? Ownership is an issue as there may be questions of charitable immunity or sovereign immunity. As you can see, such cases can be complicated. Pull together the answers to these questions and consult a personal injury attorney.
Answer Applies to: Virginia
Replied: 8/11/2011
    The Farber Law Group
    The Farber Law Group | Herbert G. Farber
    You do not say how your child was injured or the severity of his/her injuries. If the injuries were serious and they were caused by the negligence of a staff member or defective or dangerous conditions at the gym, then you may want to consult a personal injury attorney to insure your child's medical costs are covered.
    Answer Applies to: Washington
    Replied: 8/11/2011
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    If your child was injured as the result of the negligence of a third party employed by the gym, you may have a claim. If your child was injured as a result of some defect in the facility the local gym you may also have a claim. You should hire an attorney to evaluate the case and provide you with your options.
    Answer Applies to: Oklahoma
    Replied: 8/11/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    You would have rights on behalf of your child to bring a claim for any injuries. Like all cases of this nature, however, you would have to show some negligence on the part of the gym employees or the facility. For example, was there a lack of adequate supervision, was the area where your child was being cared for in an unsafe condition, etc.
    Answer Applies to: Oregon
    Replied: 8/11/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    The answer to your question is that it depends. The gym is not automatically liable for your sons injury just because he was injured on the gym's property. You must show that the gym did something wrong. The gym certainly owed you a duty to use reasonable care in watching and supervising your son. If the gym breached that duty and that breach resulted in your son being injured then you have a valid claim against the gym. Typical breaches in these situations can involve a lack of supervision, not enough supervision, to many children and not enough adults, hiring a supervisor who isn't trained or qualified to watch children and/or allowing the children access to a dangerous situation or condition on the property. However if your child was properly supervised and just fell and got injured then you would probably not have a valid claim.
    Answer Applies to: Indiana
    Replied: 8/11/2011
    David Hoines Law
    David Hoines Law | David Hoines
    need to know how and why your son was injured.
    Answer Applies to: Florida
    Replied: 8/11/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Children hurt themselves all the time.
    Answer Applies to: Montana
    Replied: 8/11/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    You don't provide enough facts.
    Answer Applies to: Virginia
    Replied: 8/11/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    What are your son's injuries? In California, the statute of limitations for minors is different than adults. Depending on the nature of your child's injuries, you may need to seek legal assistance.
    Answer Applies to: California
    Replied: 8/11/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If employees were negligent and the negligence caused the accident, your child would be entitled to damages including the cost of medical treatment and pain and suffering (this portion is usually not much if the injury is not permanent). If the injury occurred despite the employees exercising all due care, that is there was no negligence, then in that case the facility would not be responsible for any damages.
    Answer Applies to: South Carolina
    Replied: 8/11/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    you may have a negligent supervision claim. You should consult with an attorney in your area
    Answer Applies to: Connecticut
    Replied: 8/11/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You may or may not have a strong claim, depending on what witnesses saw and heard. Gary Moore
    Answer Applies to: New Jersey
    Replied: 8/10/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    We would need to know how the injury happened in order to make an intelligent response.
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Judnich Law Office
    Judnich Law Office | Martin W. Judnich
    The first question is if there was any negligence. How was your son hurt? Not ever injury means that it was someone else's fault.
    Answer Applies to: Montana
    Replied: 8/10/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Much more information is required: How was he injured? Did the staff have any reason to know that this injury would come about? Are there any witnesses? Was there a report filed? Is there a written contract with the gym? Many times, accidents involving supervision of children come about so quickly that there would have been no way to prevent it. You have to show that the supervisory staff knew or should have known that this injury might come about, that they had an opportunity to prevent it from happening and they failed to act appropriately, and all of this requires evidence.
    Answer Applies to: New York
    Replied: 8/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You may have a valid claim for personal injury damages, but you haven't provided enough information to evaluate your claim. How was your child injured, and what are his injuries? Also, you will need to review the documents you probably signed when you signed up for the care program.
    Answer Applies to: Oregon
    Replied: 8/10/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    There are many questions that exist as to how the injury resulted and what type of injury he sustained. You must prove that the facility was negligent in its supervision of your son and/or that the negligence resulted in your son's injury. If there was someone present supervising the children, then it has to be shown that there was a direct action or specific inaction that caused the injury. If the facility could not have stopped the injury from occurring no matter what, then there is no negligence on its part.
    Answer Applies to: Louisiana
    Replied: 8/10/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Not enough information. How was he injured? Why was he injured? You must prove negligence on the part of someone. The mere fact of injury, standing alone, means nothing. I don't know what a child watch is either. Explain please.
    Answer Applies to: North Carolina
    Replied: 7/8/2013
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    The answer to your question is "it depends." Did you sign a waiver and release of some type and did you pay for the service? Was he injured do to a defect or condition on the premises or simply because he and/or other children were not properly supervised? Anyone who watches your child, of course, has assumed a duty to use reasonable care in that duty. So, depending upon the answers to those questions, the gym may be legally responsible.
    Answer Applies to: Ohio
    Replied: 8/11/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    What are the injuries? This is the most important factor in analyzing an injury case.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Depends on if he will have a permanent injury. Need to call personal injury attorney.
    Answer Applies to: Florida
    Replied: 8/10/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    I am sorry to hear that your child was hurt. You would need to show that the center was negligent is watching your child. Without more facts, it is hard to determine whether the center can be held liable.
    Answer Applies to: Pennsylvania
    Replied: 8/10/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    If you believe your son was injured due to the gyms negligence, maybe inadequate supervision or a dangerous condition of the property, you have the right to file a claim against the gym on behalf of your son.
    Answer Applies to: Texas
    Replied: 8/10/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    The main question is not that your child was injured but what caused the injuries. The circumstances surrounding the injury is very important to determine if you have a case for negligence.
    Answer Applies to: New York
    Replied: 8/10/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Inquire as to whether the local gym carried insurance. If so, the insurance may cover your child's injury. Otherwise, contact and consult with a plaintiff's personal injury attorney.
    Answer Applies to: Indiana
    Replied: 8/10/2011
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