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
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
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
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
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
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
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
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
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
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
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
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
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
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
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