Kid felt down in a gym

[Ohiogal]

Because of weird location of nursery room. Moreover, if accident happens on particular premises then the owner is responsible for that, right? This accident, by the way, was recorded by ambulance and police who were called immediately by the gym.

Why weren't you control of your child? You are wrong. You are required to maintain control of your child. You didn't. Therefore the accident is YOUR fault. Completely and totally.

 

[Ohiogal]

Sorry for layman question... I thought all the slip/fall cases are about the same thing. Of course, all the injured people saw where they're going, right? So they have to know that it is winter outside, for example, or that the stairways are rather steep. However, still most of them won these cases against homeowners. And all the liability homeowners insurances are precisely for that purposes. right?

Wrong. Wrong. Wrong. YOu have no clue. Slip and fall cases are NOT easy cases. Please support your "fact" that MOST of THEM won these cases.

Quit putting your irresponsibility on to someone else and realize that you were lacking in your parental responsibility.

 

[quincy]

Do any of our Massachusetts contributors (or anyone, for that matter) know if Massachusetts has adopted the Restatement (Second) of Torts §488, which provides that "[a] child who suffers physical harm is not barred from recovery by the negligence of his parents, either in the parent's custody of the child or otherwise?"

 

[Gail in Georgia]

Interesting posting history.

 

[Just Blue]

Interesting posting history.

Ja...It it.

 

[FlyingRon]

I thought this was going to be some sort of child molestation thread given the subject line.

 

[Eekamouse]

I thought it was going to be about an overweight child who felt down because he wasn't immediately made skinny by walking through the door.

 

[Just Blue]

I thought it was going to be about an overweight child who felt down because he wasn't immediately made skinny by walking through the door.

No. It is about OP that wants to get a big o'l $$$$$$$$$$$$$$$$$$.

 

[quincy]

No. It is about OP that wants to get a big o'l $$$$$$$$$$$$$$$$$$.

Although I am with the majority and don't think there is much of a chance that the parent can collect on the medical expenses incurred as a result of the child's injury in the gym, especially since the parent would need to show that the gym shared responsibility for the injury, this can really depend on facts.

Was the gym aware of, or could the gym have anticipated, a particular hazard that might cause injury to its guests (for example, frayed carpet that one could easily trip on, parts of gym equipment extending into the normal path from nursery to door, etc)?

There is so much of law that is fact dependent that I would hate to rule out recovery of costs without knowing more - but, admittedly, the cost of an attorney-review must be weighed along with everything else.

 

[Just Blue]

Although I am with the majority and don't think there is much of a chance that the parent can collect on the medical expenses incurred as a result of the child's injury in the gym, especially since the parent would need to show that the gym was more than 51% responsible for the injury, this can really depend on facts.

Was the gym aware of, or could the gym have anticipated, a particular hazard that might cause injury to its guests (for example, frayed carpet that one could easily trip on, parts of gym equipment extending into the normal path from nursery to door, etc)?

There is so much of law that is fact dependent that I would hate to rule out recovery of costs without knowing more - but, admittedly, the cost of an attorney-review must be weighed along with everything else.

At the time of the accident child was under care and control of parent(s).

But the can always get a consult with an attorney.

 

[quincy]

At the time of the accident child was under care and control of parent(s).

But the can always get a consult with an attorney.

The Massachusetts law on negligence is found in the General Laws, Part III, Title II, Chapter 231, Section 85, and can be accessed through the following link: http://www.malegislature.gov/Laws/Generallaws/PartIII/TitleII/Chapter231/Section85.

It doesn't necessarily matter if the child was under the care and control of the parents.

I personally think it is smart to consult with an attorney whenever injuries suffered are severe (not just a bump or bruise).





(as a note, I eliminated the 51% from my earlier post)

 

[fletcherrhoden]

were signs posted?

Count me among the the-gym-didn't-cause-you-to-let-your-kid-run-wild crowd.

Were there any warning signs posted in that area? I'd say if this were an adult-only facility there'd be no question even without signs, but a place that is designed for children to inhabit such as the play area of this gym has different safety standards, doesn't it?

 

[cbg]

Read the initial post. The accident did not happen in the play area.