What to do if my 5 year old slipped and fell at a dance studio?

It was his first time visiting and the instructor did not offe first aid nor acknowledge his injuries. The staff and manager were less than helpful, as well. I never signed a visitors form nor registration form. I immediately requested an ice pack to apply on my son’s left elbow. The manager/ owner was very rude and kept telling my son he was okay to go back in the class. I told her, “No, we’re leaving shortly.” After asking her what her policy was regarding injuries/ accidents, she told me that they are not liable for any. I asked her to provide that info. in writing. She gave me a form to read. Then she asked if I signed any forms when I came in. I told her, “No, because I am not registering my son.” She then said, “Well, I don’t know you.” Then she returned from her office with forms on her hands, demanding me to complete sign all forms. Can I pursue legal action?

Asked on September 19, 2012 under Personal Injury, California

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

Whether or not you have a case you can pursue depends upon the reason why your son fell and secondly, if your son suffered injuries which required medical attention.  If there was some type of hazard or defect at the dance studio which caused your son's fall, the studio could be liable.  If your son was simply horsing around and fell, the studio is not liable.  You must show the studio was somehow negligent and as a result of that negligence, your son was injured.  You mention that you requested an ice pack for your son's elbow.  If your son simply suffered a bump or bruise, you do not have a claim you can pursue.  Your son would need to suffer injuries which required medical attention for you to have a claim to pursue.  I would suggest that you contact a personal injury attorney in your area and seek a consultation.  He or she can hear all of the facts of your case and give you a fully informed answer with respect to what your options may be. 


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