Visitor Question

Broken Arm Playing at a Boys & Girls Club

Submitted By: Anonymous (Springerville, AZ)

While at a Boys and Girls Club my grandson and another child were jumping from a chair to a bar on a swing set. My grandson missed the bar and fell to the ground and broke his bone at the wrist. One of the staff members told me that there was not enough staff there at this time. So I do not not now what is fair to ask for him.

How much is fair compensation for when a child breaks their arm? Since the staff said there was not enough supervision at the time, does that mean they are automatically responsible for paying my grandson’s medical bills? Any information you could give would be very helpful. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

The word “automatic” never applies in personal injury claims. Some injury claims can be handled without an attorney. They normally include minor “soft tissue” injuries like sprains, bruises, and abrasions.

Your daughter’s injuries are not soft tissue. They fall under the “hard injuries” category. If your intention is to pursue the Boys and Girls Club for your daughter’s injuries you really should seek legal representation. Most personal injury attorneys don’t charge for initial office consultations.

If you don’t want to pursue a personal injury claim you can ask the Boys and Girls Club’s management to reimburse your son for his medical bills. It’s likely the Club has a form of “no-fault” insurance which will pay your daughter’s medical bills up to a thousand dollars or so. To collect under the no-fault provision will not require proof of negligence. The mere injury is enough to be compensated. Any higher amount will have to be processed through an adversarial process with the Club’s insurance company.

In that process you will have to prove the Club was negligent. It appears from the employee’s statement there may be an “Admission against interest.” This is a legal term meaning the employee’s statement is strong evidence of the Club’s negligence. Your best bet is to at least speak with a personal injury attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 14, 2013

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