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Old 09-30-2005, 03:48 PM
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Location: upstate NY
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Question

23 month old injured in play area at horse races


What is the name of your state?NY
My daughter was injured when she was pushed off the stage area of a playground apparatus with slides. There were many children on it at the time. Many more than it was meant to hold I am sure, and only 3 parents watching their children, Including myself. There were no raceway personnel monitoring the area. I had helped my daughter up the one side of the slide and was on my way around to where she was standing in line for the slide when she was bumped and went over a small rail head first. She caught herself with her right arm and broke both bones below the elbow. Her and I were taken to the local hospital where she was xrayed and cast. It took around 3 weeks for her to heal. I was told by the hospital where she was seen that the racetrack is responsible for her bill. I gave my name address and phone number before going in the ambulance and have heard nothing. I really feel they need to change some of the play area if they are not going to have it monitored. They need some netting or more bars around the open areas where children, like mine, can be pushed over or through when there are a lot of children. The age range was less than 1 year to probably 10 or 11 years old playing on this one piece of equipment and there were at least 20 children on it at the time. Should I persue more than her medical bills, I have never sued anyone. But I really feel her injury could have been prevented, and I am nervous that when she is older if she is into sports that require contact or placing stress on her arm she may have complications from this previous injury. I would also like to know that the track had made changes to the play area. They have nothing for children there except for this one small piece of equipment. There were a lot of people there with children and there was nothing for them to do, thus a huge crowd. What are the statute of limitations in this state if I were to persue something. This happened at the begining of last month, I have been waiting to see how she healed up. Thanks.
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