Fooled Into Thinking You Have Signed Your Rights Away

There is a certain expectation of injury to those who participate in sports, especially heavy contact sports such as football or basketball.

We do not consider the risk of injury to those who participate in non contact sporting events like gymnastics, and yet close to 90,000 injuries are treated in hospitals each year for gymnastic enthusiasts. The sporting centers that gymnasts utilize have an obligation to keep its clientele safe from harm, just like any other privately owned premises. If you or your child have recently sustained an injury at a gymnastics club speak with a St. Louis personal injury attorney today. There is a lot of dangerous equipment involved with this sport, and the owners have a duty to ensure its safety.

Signing a Waiver

Many sporting facilities, including gymnastic facilities, have their members and guests sign a waiver releasing them from liability if an injury does occur. Understand that most of the time such a waiver is meaningless. Courts frown on these types of agreements, and see them as a way for a negligent party to attempt to shift the blame to someone else. If the facilities negligence is the reason for your injury than a signed waiver will not prevent you from being compensated for it. Speak with a qualified Missouri personal injury attorney first, before deciding that you signed your right to recoup damages away.

When the Court Recognizes Reckless Negligence

There are recommendations by USA gymnastics for how almost all gymnastic equipment need be designed in order to prevent injury. USA gymnastics also provides industry guidelines on how to properly install and maintain safety measures around the equipment. A 20 year old Army recruit was able to settle a claim against a gymnastic facility for $1 million, despite having waived his right to sue them. Investigation into the event that led to the young man’s partial paralysis found that the equipment he was using was significantly shorter than recommended and that the jumping platform he had used was poorly designed. The defense attempted to excuse themselves from the claim, using the signed waiver as evidence. The court recognized that such a waiver does not permit reckless negligence and allowed the lawsuit to proceed. When faced with the overwhelming amount of evidence that they had violated industry standards with their equipment, the facility agreed to the settlement.

Vigilant About Safety

Sport related injuries are a common side effect of having an active child. In order to keep them safe from harm a parent should stay involved and be vigilant about the safety of the facility they utilize. Survey any equipment your child may be using for signs of wear and tear or improper safety measures. Closed head injuries can be the most catastrophic to a young person. Any type of flaw noted that could cause a head injury should be rectified immediately.

Do not allow yourself to be fooled into thinking that releasing a facility’s liability prevents you from pursuing compensation. If a sustained injury could have been prevented, then contact Zevan and Davidson Law Firm at (314) 588-7200.    We may be able to  argue its validity and fight to help you recover any damages.

Photo credit:  Rick McCharles