My daughter received a compound tib/fib fracture on a trampoline at her cheerleading gym.. it was not during the practice that this happened. basically the trampoline was not being supervised and my daughter was jumping on it when the owner's oldler son, who does not attend the gym as a participant, started double-jumping her. she got off when this happened and then he got off. this happened three times according to my daughter that she got on then he got on and started double-jumping her. the last time he did it she landed wrong thus the compound fracture. we have bill closes to $50,000 from the incident and have not been offered any help from the gym. Luckily insurance has paid most of it but feel i should not out of pocket anything. Please advise.
The severe injury your daughter suffered is one that tons of children are being exposed to right now by the spread of improperly managed locations such as this.
Her case is very important and should be thoroughly explored. The gym will claim, I'm sure, that your daughter's rights are waived. I'd be surprised if we come to agree with that under these facts.
If you'd like to chat with my or Kathleen, who is a nurse and an attorney, the timing is good.
If you take a look at the stories our clients have shared on my reviews, you'll see that we'll have your daughter's best interest at heart.
Consult an attorney sooner rather than later, there may be evidence to secure, ie video or photographs and witness statements. Your Health Insurance company will likely want to be reimbursed any funds paid for medical care.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Your daughter may have a claim against the other girl for negligence, if there is a homeowners policy, that may cover. The school may be liable for negligent supervision. Search Avvo's "find a lawyer" for a personal injury lawyer in your city, and get representation. Good luck.
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Yes, you may. In particular I presume your daughter is a minor so the "inherently dangerous" activity is not as much of an impact. That means that when you are older and you "assume the risk" of the activity then liability is tougher. However, even in that instance if the gym was not following basic safety rules for the type of activity, such as trampoline work, then they may be held laible. The gym may also have various forms of insurance ranging from liability to a type of "med Pay" or payments for medical. The medical payments may be "no fault" in that if you are injured on the property then they may cover the medical bills. That would be separate and apart from liability. I recommend that you talk to an attorney who is Board Certified in Personal Injury trial law to assist you in evaluating this and investigating in quickly.
Remember that most legal issues may be more complex and require more information to answer than what you can provide in this forum. This is not a substitute for contacting an attorney of your choice to get legal advice.
You should consult an attorney quickly, that case may require some research. A release/waiver would not likely be valid if your daughter is a minor. Your attorney will also need to take a look at the Recreational Use Statute to determine the appropriate standard of care. Below is a link to an article I wrote discussing the Competitive Sports Doctrine and the Recreational Use Statute which may be of assistance.
You may be held to a standard of proving gross negligence on the part of the gym to get to the gym's liability insurance if it falls under the covered definitions.
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