What to do if I left my son in a daycare at my gym and his elbow was dislocated while under there care?

UPDATED: Apr 29, 2013

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What to do if I left my son in a daycare at my gym and his elbow was dislocated while under there care?

The manager refuses to believe it happened while my child was there. It was an hour before I was called in because he was crying and no one knew why. I brought him to the hospital and that’s when the doctor told me it was dislocated and the only way it would of happened is if someone was tugging on his arm.

Asked on April 29, 2013 under Personal Injury, Massachusetts


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should contact the gym's insurance carrier to notify it of the personal injury claim you will be filing on behalf of your son.

When your son completes his medical treatment and is released by the doctor, obtain your son's medical bills and medical reports.  Your son's personal injury claim filed with the gym's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the gym's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the gym's insurance carrier, reject the settlement offers and file a lawsuit on behalf of your son against the gym for negligence.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son since he is a minor.  If the case is NOT settled with the gym's insurance carrier, your son's lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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