Children’s Gym Wrongful Death and Injury Attorneys
My Gym Children’s Fitness Center of Wheaton and My Gym Enterprises (the parent company) was sued for the wrongful death of a 7-year-old boy named Brady Doherty. The lawsuit arises from a 2018 incident in the children’s gym.
On September 30, 2018, the boy was attending a birthday party on the premises of My Gym (located at Danada Square East in Wheaton, Illinois). Brady was on the Space Flight ride – a zip line attraction at the gym. The spotter assigned by the gym failed to follow Brady. Brady was vaulted into a pole (that was unpadded) and dropped down onto the floor. Brady stuck his head on the unpadded cement floor on which he landed.
Staff did not provide Brady with a harness or a helmet. Just a few days after the incident, on October 2, 2018, Brady died as a result of his injuries – critical skull and brain injuries.
My Gym was sued on the basis that it failed to supervise the child properly as he used the zip line equipment and on the basis that it failed to both install and provide safety devices that could have prevented the boy’s injuries and subsequent death.
My Gym is a company dedicated to children. According to information available on their website, “My Gym was born out of [the] passion to teach children in a fun, physically engaging environment” with the goal of creating “an environment where children feel loved and supported so their self-esteem and confidence can flourish.” My Gym has been around for more than 35 years and has more than 600 locations.
Although the incident made many parents worry about the safety of their children while on the premises of the gym, many parents continue to trust that their kids are safe. Many parents reason that the incident was just an unfortunate accident; however, the incident was a direct result of negligence – it could have been avoided.
As a parent, you must be aware of your right to take legal action if your child is harmed as a result of the negligent and reckless actions of a party or entity. If your child suffers injuries or loses his or her life because of an incident that occurred at a children’s gym, you might have grounds to pursue a claim. Do not hesitate to seek legal assistance to explore the possibility of filing an injury claim or a wrongful death claim.
If you ever find yourself in need of legal assistance for the harm that your child suffered at a children’s gym, do not hesitate to seek legal assistance at our experts at Downtown L.A. Law Group at your earliest convenience. At Downtown L.A. Law Group, our lawyers have many years of experience handling all types of claims – always fighting for the rights of victims and their families. If you would to learn more about your right to sue for the harm that your child suffered, do not hesitate to contact the experts at our firm at your earliest convenience.
Some Causes Associated with Gym Accidents
Accidents at children’s gyms can happen for a variety of reasons. It is easy to think that children are simply prone to accidents due to their natural carelessness and disregard for their safety. Although tripping on untied shoelaces could classify as a simple accident caused by carelessness, the accidents that occur in children’s gyms are typically much more complex.
Consider the following points:
- Some of the equipment is too old to be safe to use
- Some of the equipment is faulty
- Some of the equipment hasn’t been regularly maintained
- Some of the personnel hasn’t been properly trained
- Some establishments do not have the necessary safety protocols in place
If your child suffers an accident because the gym equipment is too old, faulty, or simply not safe because of a lack of maintenance, you might have grounds to pursue a claim. If your child suffers an accident because the personnel on the premises have not been properly trained, you might also have grounds to pursue a claim. If your child suffers an accident because the establishment lacks safety protocols, you might also be able to pursue a claim. Ultimately, whether you have the right to pursue a claim depends on liability for the incident.
Slip and fall Accident
Liability in Children’s Gym Accidents
Who is liable for the harm that your child suffered in a children’s gym accident? Liability always depends on the specific cause of the incident. Liability is based on negligence. Negligence consists of four different elements, which include duty of care, breach of duty, cause, and harm.
Consider the following points:
- A party or entity owes you and your child a specific duty of care
- A party or entity breaches the duty of care by acting carelessly or recklessly
- The breach of duty causes an incident (that otherwise wouldn’t have happened)
- The incident results in harm
Who could be liable? As mentioned above, liability will always depend on the details of the incident. If the gym owner and any gym representatives (like employees, for example) failed to address a dangerous condition in the gym, they breached their duty of care towards all guests. The breach of duty (failing to inspect gym equipment, failing to repair equipment, and failing to implement safety regulations, etc.) can directly result in an incident, which can cause harm.
Could anyone else be liable? Can any other party or entity besides the gym owner and the gym company be liable for the harm suffered? Typically, these establishments purchase their gym equipment from other companies. These companies can fail to design and manufacture safe products. If a defective product causes a gym incident, the company that designed and manufactured the defective product could be liable – even then, the gym could still share some of the liability.
If you would like to learn more about liability in gym accidents and your right to pursue a claim, do not hesitate to seek legal assistance as soon as possible.
Could You Sue and Recover Compensation?
If you can establish liability for a gym accident, you will likely have grounds to sue for the harm that your child suffered. If you have the right to sue, you also have the right to fight for your right to recover compensation. How much compensation could you be eligible to recover? What type of compensation could you be eligible to receive? Your right to recover any form of monetary compensation for the harm suffered will always depend on the details surrounding your claim.
Depending on the details surrounding your claim, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Would you like to learn more about the type and amount of compensation that you could be eligible to recover? If so, do not hesitate to contact our law firm immediately. Our lawyers are ready to evaluate your claim and fight for your right to recover the highest amount of compensation available. When you trust our experts to handle your claim, you could be certain that our lawyers will always aggressively handle your right to recover the maximum amount of compensation for your claim.
There is no doubt that recovering compensation cannot reverse any of the harm that your child and the rest of your family suffered. However, recovering compensation can help you and your family move forward from such a traumatic event. If you are ready to learn more about the type and amount of compensation that you could recover, do not hesitate to seek legal assistance with our experts today.
What Should You Do?
If your child suffered any sort of harm in a gym accident, there are a number of things that you should do. Consider the following recommended steps:
- Seek medical attention for all harm suffered – if the injuries result in death, the cause of death should be clear
- Take photos of all injuries suffered
- Take photos of the scene of the incident
- Report the incident to employees and formally (written report) to management/owners
- Gather witness information
- Identify any surveillance cameras that could have captured the incident
- Seek legal assistance immediately
If you would like to learn more about the different steps that you should take if your child suffered any harm in a gym incident, do not hesitate to contact our experts as soon as possible. Our lawyers are ready to guide you every step of the way.
How Long Do You Have to Sue?
If your child suffered harm in a gym incident, you could pursue a claim. Your child could even pursue a claim independently. However, claims cannot be filed at any time. Claims can only be filed within the appropriate length of time. All claims are subject to a statute of limitations – a deadline to sue. In California, injury claims and wrongful death claims are typically subjected to a two-year statute of limitations. Failing to file within this time could result in losing the right to sue altogether. However, exceptions could apply. For example, when the injured victims are children, the statute of limitations is tolled until the victim becomes of age (18 years old) or is legally emancipated. This means that the two-year statute of limitations will not start running until after the victim is “of age” even if this is many years from the date of the incident.
As mentioned above, failing to file a claim within the appropriate length of time could result in losing the right to sue. Therefore, it is essential to seek legal assistance immediately to ensure that you have a thorough understanding of the deadline that applies to your claim. For more information, do not hesitate to contact our firm today.
Contact Our Law Firm Today
If your child suffered injuries or lost his or her life in a gym incident, such the incident at My Gym discussed above, you might be interested in exploring the possibility of filing a claim. Depending on the details surrounding the claim, you and your family might have grounds to recover monetary compensation for all the harm suffered. You could hold the liable party or entity liable for the harm that your child suffered. To learn more about your right to pursue a claim, do not hesitate to contact our firm at your earliest convenience.
At Downtown L.A. Law Group, our experts have many years of experience handling all sorts of claims – always remaining committed to ensuring that all affected parties have access to the legal representation that they need. Because of this commitment, our firm offers free legal services. Specifically, our firm offers free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to start or continue your claim. If you are ready to benefit from our free legal services, do not hesitate to contact our firm today.
Our free consultations and free second opinions are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront fees for any of our legal services. Our firm is also based on something called a contingency structure, which means that you will never be required to pay anything until after your claim reaches a successful outcome. If you do not win, you will not have to pay.
To discuss your claim with an experienced children’s gym injury lawyer, contact our firm.