7 year old Florida girl at gymnastic center injured in foam pit accident; client recovers $75,000

Our client, a 7 year old Broward County, Florida girl, was attending an after school gymnastic class at a private gymnastic center. She was part of a group that was jumping into a pit filled with foam. After she jumped into the pit, another child jumped in, landing on top of our client and fracturing her leg. She was taken to the hospital and ultimately had surgery, including the use of metal hardware to stabilize the bone.

The girl’s mother retained Dell & Schaefer to seek compensation from the gym for injuries sustained by her daughter. Our litigation department filed suit against the gym alleging that the facility failed to properly supervise the children participating in the activities. The gym claimed that they had two employees in the area supervising the children; however, through depositions we were able to establish that the employees failed to pay attention to the activity, which resulted in the second child being allowed to jump into the foam pit prematurely.

As a result of the evidence which we were able to establish through discovery, we were able to resolve the claim for $75,000 on behalf of the young girl. This case exemplifies the fact that when there is an activity involving potential risk to a young child, a company that undertakes the duty to supervise the activity owes a duty to the child to perform the supervision in an attentive manner.

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