Looking to see if I might have a case against a gymnastics place that was negligent when my daughter broke her elbow while at a parents day out activity. Without getting too specific, she fell off the balance beam where she had no business being on in the first place. We were never called and they didn't even have adequate first aid supplies nor was their staff properly trained to deal with injuries.

Let me know if you know anyone that might help or any advice about this is also welcome.

Thanks!

What exactly are you looking to recover? Medical bills? Trust me, I'd be upset if my son broke an arm, but just by allowing him on a balance beam at a gymnastics place doesn't really scream negligence to me but I'm not a lawyer by any stretch.

Did you sign any type of waiver?

07&09Ag said:

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What exactly are you looking to recover? Medical bills? Trust me, I'd be upset if my son broke an arm, but just by allowing him on a balance beam at a gymnastics place doesn't really scream negligence to me but I'm not a lawyer by any stretch.

Did you sign any type of waiver?

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

How old is the child? Elbow fractures are pretty common at certain ages and don't always look like a big deal when they happen.

I have a daughter that is 10 and a competes in gymnastics and kids fall all the time in gymnastics so they may have seen her fall but then get back up again and appeared fine.

Any particular part of town?

I understand that accidents happen especially in a gymnastics setting. That being said, my daughter couldn't even bend her arm straight due to the broken elbow. The place didn't even have ice and instead gave her a bag of cold water. I can argue that they were negligent because they didn't even call me nor my wife. My wife found out on her own when she arrived early and found my daughter with her elbow on the bag of water. She was sitting there in tears for at least 30 minutes with her injury that no one seemed to acknowledge. The manager called my wife, but never did call her back as he had promised after the x-ray and diagnosis.

If I let it go, then on one would be the wiser, but that's just the thing. How can I let it go knowing how poorly trained their staff is and how they are playing with fire? It's only a matter of time before something more serious could happen if they continue their nonchalant attitude.

Yes unfortunately we did sign the waiver.

Edit to add NW Houston.

AggieBaller98 said:

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I understand that accidents happen especially in a gymnastics setting. That being said, my daughter couldn't even bend her arm straight due to the broken elbow. The place didn't even have ice and instead gave her a bag of cold water. I can argue that they were negligent because they didn't even call me nor my wife. My wife found out on her own when she arrived early and found my daughter with her elbow on the bag of water. She was sitting there in tears for at least 30 minutes with her injury that no one seemed to acknowledge. The manager called my wife, but never did call her back as he had promised after the x-ray and diagnosis.

If I let it go, then on one would be the wiser, but that's just the thing. How can I let it go knowing how poorly trained their staff is and how they are playing with fire? It's only a matter of time before something more serious could happen if they continue their nonchalant attitude.

Yes unfortunately we did sign the waiver.

Edit to add NW Houston.

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Jason Rowe is out of Humble, but good at civ lit.

http://www.rowelawtexas.com/home.html

Support texags. I know, charge my battery.

Competition...

If she is one of their regular gym rat kids (and by that I mean kids like mine that are on team and spend tons of hours there every week) and they know this child I would not expect a call. Our gym calls if there is swelling and it is obvious this kid needs to go see the orthopedic.

If your daughter doesn't take gym or is only enrolled in recreational classes and fell and was in tears that warranted ice then they absolutely should have called you.

I have a 10 year old that spends 25 hours a week at practice and I avoid those parents nights out things. It always seems like there are too many kids and not enough supervision which is how kids get hurt when they shouldn't.

Hope she heals quickly and if gymnastics is something she likes that she isn't scared by this experience.

Martin Q. Blank said:

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Support texags. I know, charge my battery.

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Out of BCS and not Houston or Harris County...

Martin Q. Blank said:

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Competition...

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They're out of Lubbock...

86 Tex Ag said:

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My advice -- just take care of your kid and move on. Kids break bones doing athletic activities. As long as their inattention did not exacerbate the injury, there is zero need to get lawyers involved.

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This.

I don't think what you've put out there demonstrates lack of training or negligence FYI.

Are you hoping to recover you out of pocket costs or looking for punitive damage? I'd be surprised if either had the potential to be worth the attorney fees.

There's a pretty good chance that you can get their insurance to cover your medical costs without involving attorneys. My child was injured at daycare required stitches. Their insurance covered my out-of-pocket costs.

That being said, I don't think this warrants attorney involvement. Make an appointment with the owner or the manager. Get everything out there that you've just vented to us. Then, depending on how they react, you can give them a really bad Yelp review.

combat wombat said:

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That being said, I don't think this warrants attorney involvement. Make an appointment with the owner or the manager. Get everything out there that you've just vented to us. Then, depending on how they react, you can give them a really bad Yelp review.

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Leaning towards this after researching.

ag97tx said:

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If she is one of their regular gym rat kids (and by that I mean kids like mine that are on team and spend tons of hours there every week) and they know this child I would not expect a call. Our gym calls if there is swelling and it is obvious this kid needs to go see the orthopedic.

If your daughter doesn't take gym or is only enrolled in recreational classes and fell and was in tears that warranted ice then they absolutely should have called you.

I have a 10 year old that spends 25 hours a week at practice and I avoid those parents nights out things. It always seems like there are too many kids and not enough supervision which is how kids get hurt when they shouldn't.

Hope she heals quickly and if gymnastics is something she likes that she isn't scared by this experience.

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torbush WOW

No kidding, 25 hours.

Bondag said:

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

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What?

Mr. AGSPRT04 said:

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Bondag said:

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

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What?

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Signing a waiver does not allow staff to be negligent.

Bondag said:

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Mr. AGSPRT04 said:

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Bondag said:

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

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What?

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Signing a waiver does not allow staff to be negligent.

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Depends on what the waiver states.

Bondag said:

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Mr. AGSPRT04 said:

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Bondag said:

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

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What?

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Signing a waiver does not allow staff to be negligent.

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Yes it does if it is a properly written release and/or indemnification agreement. Texas Courts enforce these routinely.

Bondag said:

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Mr. AGSPRT04 said:

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Bondag said:

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

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What?

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Signing a waiver does not allow staff to be negligent.

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Signing a waiver typically means you cannot sue for negligence.

I know 25 hours a week seems crazy for a 10 year old but it is a tough sport at a young age. She does 5 hour practices 5 days a week and it is intense. Gym kids are a whole different breed of kid with a huge amount of drive and work ethic.

As long as I have a happy kid who is working hard I am a happy and proud parent of her skills. I can't imagine doing some of the things she does.

Man I'm kinda with OP on this.

Im no lawyer but the fact she was crying and obviously in pain and no call was made would upset me. And a bag of water. Seriously? Do they make any claims that their staff is trained at all?

Not sure if I'd get an attorney but I surely wouldn't just blow this off and move on.

The Wonderer said:

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Bondag said:

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Mr. AGSPRT04 said:

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Bondag said:

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

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What?

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Signing a waiver does not allow staff to be negligent.

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Signing a waiver typically means you cannot sue for negligence.

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NONE OF THIS LEGAL ADVICE & I AM NOT ACTING AS AN ATTORNEY FOR ANYONE ON THIS THREAD.



the bolded part is false. there are specific requirements needed to waive another party's negligence. And even sophisticated companies often get it wrong.

I know nothing about the waiver in the OP and just generally commenting, but the law in Texas a few years ago (may have changed) was that a preinjury release executed by a minor child's parent is not enforceable to release claims against a commercial enterprise for the minor child's injuries.

Hand the info over to your health insurance providers Subrogation department.

BMX Bandit said:

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The Wonderer said:

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Bondag said:

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Mr. AGSPRT04 said:

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Bondag said:

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Not a lawyer, but forcing someone to sign a waiver to participate in an activity doesn't count. Can't get thrown out by good lawyer.

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What?

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Signing a waiver does not allow staff to be negligent.

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Signing a waiver typically means you cannot sue for negligence.

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NONE OF THIS LEGAL ADVICE & I AM NOT ACTING AS AN ATTORNEY FOR ANYONE ON THIS THREAD.



the bolded part is false. there are specific requirements needed to waive another party's negligence. And even sophisticated companies often get it wrong.

I know nothing about the waiver in the OP and just generally commenting, but the law in Texas a few years ago (may have changed) was that a preinjury release executed by a minor child's parent is not enforceable to release claims against a commercial enterprise for the minor child's injuries.

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What about the part where the parent/guardian agrees to defend and indemnify the facility, owners, employees, etc. Is that enforceable?

"I'm Bill Handel and I'm here to tell you that you have absolutely no case ..."