daughter injured at party

My 4 year old daughter broke her arm and had to have surgery two weeks ago while at a birthday party at a little gym. I have not contacted them yet about what they are responsible for. I have missed 2 weeks of work and have already recieved hopital bills in excess of $9000.00. I do have insurance, but it is an 80/20 plan. I am not wanting more than the excess fees from dr's bills, lost pay and the pain and suffering that my daughter has and still is going through. She is in a caste until the end of may, and will need physical therapy. How should i approach this business about these issues? Are they liable?

How can we tell you if they are liable or not when all you've said is that your daughter was injured while there. HOW was she injured? What events transpired during the incident? Where and who was the supervision?

she was injured on the uneven bars. her hands slipped off, she tried to stop herself and snapped the bone in half right above the elbow. The employees were in the room with her and I was seated in a veiwing area.

Listen, we are pulling teeth here. And that's something that will get you nowhere fast. Come back and give DETAILS. Not piecemeal but the entire situation i.e., who threw the party, what was they gym's part in all of this, was there contractural obligations of supervision on the part of the gym or was the party throw by a third-party renting the space and what, if anything, was their obligation?

Simply because the party was held at the gym doesn't mean they are automatically at fault.

sorry i'm new to this. The party was thrown by a little girl in my daughters preschool class. The party was held at a business called The little gym. No one was renting space there, it is a franchise that caters to children and offers gymnastics classes and does birthday parties. I didnt sign any type of release form on arrival there. Whether or not the parents of the birthday girl signed a release i do not know. Employees are paid to interact with the kids and have fun activites planned. When my daughter fell from the unevenbar i do not know where the employees were, i was in a viewing area. Please tell me more of what you need. thanks

At this point you need to contact the person who threw the party and ask if a waiver of responsibility was signed. If not, then you need to speak with the little gym about the excess (20%) medical bills for your daughter and their insurance.

If you get no satisfaction from them, then you need to sit down with a Personal Injury attorney for a quick free consultation (or at least low cost) and discuss the merits of your case.

Without knowing the answers to the rental agreement and liability waiver questions there's no way anyone here can tell what what more to do.

Thank you for your help. I will call the parents and the gym.

[JETX]

Sorry, but "Krispen" is incorrect on this one.

Based solely on the contents of your post, you have no claim against them. You make no mention of them being negligent in your daughters activity, and without that, your claim is simply an 'accident' and NOT actionable.

"I didnt sign any type of release form on arrival there."
*** Not required. However, I would assume that the business very likely has a sign or some other notice as to liability.

"Whether or not the parents of the birthday girl signed a release i do not know."
*** Again, they don't need to sign a release. The parents would not be liable for your daughters accident.

Simply, insurance is intended to cover those 'surprise' expenses that occur in life. This is one of them.

I do understand your point,and realize accidents do happen. However this gym is negligent due to the fact that their facility is unsafe, and they are responsible for the children in their care during parties or classes. I do feel that they share in the responsibility of medical bills. please let me know.

[JETX]

"However this gym is negligent due to the fact that their facility is unsafe"
*** What do you feel is 'unsafe' about their facility?? There was NOTHING in your original post that would even imply that to be the case.

"and they are responsible for the children in their care during parties or classes."
*** Sorry, but 'they' have no inherent responsibility to protect your child against accidental injury.

"I do feel that they share in the responsibility of medical bills. please let me know."
*** I know that you 'feel' that way, but there is nothing in your post to lead anyone to believe it. Or that they (the gym OR parents) were liable for the accident.

If they had been spotting my daughter on uneven bars, as most gymnastic centers do, this would not have happened. To have high bars that 4 year old children can swing from, without supervision is negligent. I do realize that there are monkey bars at public parks etc., this was a privately owned establishment, that i trusted to take care of my child. This was an injury that could have been prevented had proper procedures been in place.

[stephenk]

how far off the ground was the bar your daughter was hanging off of? Was there padding under her? What was she specifically doing when she fell off? Had she been swinging off this bar before the accident happened?

i had my german shepard there. good dog, good dog. beastiality.

[JETX]

Originally Posted by lisalawler

If they had been spotting my daughter on uneven bars, as most gymnastic centers do, this would not have happened. To have high bars that 4 year old children can swing from, without supervision is negligent. I do realize that there are monkey bars at public parks etc., this was a privately owned establishment, that i trusted to take care of my child. This was an injury that could have been prevented had proper procedures been in place.

Okay, since you are clearly intent on believing that you might have a claim against SOMEONE.... go out and contact a local personal injury attorney. Explain your entire 'theory' to him/her and get them working on your case. Best of luck to you.

You should've been watching your child more closely.

Good luck with that.

I have a 4 year old niece. No WAY would I let her do what you let your daughter do.

Just saying.