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Can I sue the gym I go to day care?

Cicero, IL |

My daughter hair was being pulled by other toddler that was older then her 3 times the 1st time her back was turn from all the kids and the 2nd time she seen she pulls him away but then puts him back by my daughter where he proceeded To pull her hair I ran to the day care to see not only my daughters head was all the way back with her arms up screaming the young lady that was watching them was looking at my daughter laughing.

Attorney Answers 5


  1. Probably not for several reasons.

    Your daughter sustained no injury. Without damages, there's no case.

    The membership and day care waiver likely shields the gym from liability, although there may be exceptions.

    I would get your daughter any medical treatment she requires, report the incident to the gym, and contact a lawyer to review any options worth pursuing.

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  2. I'm sorry this happened to your daughter. As a parent, it is difficult to witness your child be hurt in any way. However, if your daughter did not sustain any injury beyond the momentary discomfort of having her hair pulled then there likely aren't any damages worth pursuing legally. If she suffered more significant injuries then you should talk to a personal injury lawyer.


  3. Did your daughter sustain an injury? If not, I don't think you have a case. Good luck.


  4. As a parent myself, I realize it is difficult to see or hear of any child being hurt in any way. Although it is absolutely frustrating and infuriating, since your daughter did not sustain any injury beyond the momentary discomfort of having her hair pulled, there do not appear to be any damages to justify the time and expense of pursuing a lawsuit. Hopefully, you can talk to the gym operators to see what they can do to prevent any such further incidents. Best of luck.


  5. First, be sure your daughter is checked out by a doctor (you mentioned her head was all the way back....she was screaming).

    Second, consider consulting with a qualified personal injury attorney depending on what the doctor says.

    Third, make sure the club knows this happened and is aware of your concerns. If plan to engage a lawyer, do not contact the club until and unless you have discussed doing so with the lawyer.

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