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

UPDATED: Sep 19, 2012

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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


Leigh Anne Timiney / Timiney Law Firm

Answered 10 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. 

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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