Son Injured Playing Basketball at After School Program...

by A
(Miami, Florida)

My 8 year old son received 6 stitches in the crease of his left ear while playing basketball at an after school program. The basketball goal was encased in a 2-4' tall by 1-2' wide cement casting with no padding around it (that's what he hit the left side of his head on and split open the top part of his ear).

The ground may have also been rocky. He also had a bruise on his knee with white dirt and a small knot on the side of his head by his ear. I feel the cement pole should have been well padded. Is the after school program responsible for my son's injury? Is there anything I can do? Thanks.

Visitor Question:
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ANSWER for "Son Injured Playing Basketball at After School Program...":

A (Miami, Florida):

Contact the supervisor or other person of authority for the after school program. Also contact the owner of the property upon which the basketball court is located. (Property owners normally carry liability insurance to cover events exactly like this one.)

There is no real reason for there to be a concrete pole or encasement located on, or closely adjacent to a child's basketball court.

Before you call make sure you have copies of your son's medical bills, and receipts for any out of pocket expenses such as prescription medications, bandages, etc.

If you had to take any time off from work to care for your son, whether transporting home to the doctors or while he is treating at home, get verification of your lost wages from your employer as well.

Tell the supervisor of the after school program and the owner of the property you want to be compensated for your son's injuries and your resultant expenditures. Tell them you also want an additional amount for the pain and suffering your child endured.

Give them a total figure. That amount should be the sum of your son's medical bills, your out of pocket expenses, your lost wages and the additional amount for your son's pain and suffering. (A good way to calculate an amount for pain and suffering is to multiply his medical bills by approximately 3x.)

If they won't cooperate you can consider legal action, either in small claims court by yourself or through an attorney.

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

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
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PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
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