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Child injured at day camp- what to do legally with the camp? (1 Viewer)
- Thread starter Ned Ryerson
- Start date
bigbottom
Footballguy
Asked upthread but not answered. Were kids in your son's group allowed to jump into the pool at that time?
Ned Ryerson
Footballguy
Ned Ryerson
Footballguy
Ditka Butkus
Footballguy
Ground the kid and take the money out of his allowance or future allowance.
Ned Ryerson
Footballguy
In all seriousness though, wouldn't you think they would ask for a release from me?
I can't imagine they would agree to anything without it, no?
njherdfan
Footballguy
As a former camp counselor, I don't really think that's the case. If I'm 10 feet away and see a kid walking backwards, I could easily tell the kid not to jump from where I am; I don't need to be in the pool. I think a remedial change that might bolster any claim you have (which probably isn't worth making) is if the camp doesn't let kids do reverse cannonballs anymore.
bigbottom
Footballguy
I think this is a key piece to the determination of whether there was any negligence. Because your kid had already jumped into the pool. If he wasn't supposed to (because it was unsafe, or they hadn't trained the kids about how to jump safely, or because there was insufficient supervision), and they let him jump once, exit the pool and jump again, there may be some fault. But if it permissible and otherwise safe to jump at the time, and the danger arose because your kid turned around just before jumping, it's hard to see how that could have been stopped in time even through the exercise of reasonable care.
Ned Ryerson
Footballguy
Pots
Footballguy
Lets say that the lifeguard was in the pool. How would this have changed anything?
There was no negligence on the part of the Lifeguard from your statement. The camp should not be help liable for any medical bills. Missed camp time could be compensated as a courtesy (and imo should) but even that isn't obligated. Everything reasonably done, was done.
Ned Ryerson
Footballguy
No one else here seems to agree with you at all. Nor do I, but seeking lost camp time and bills does not seem crazy.
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butcher boy
Footballguy
Did your son's blood stain the pool's concrete? Did any of the staff suffer trauma from seeing the accident? They may have a case against you here.
moleculo
Footballguy
Notorious T.R.E.
Showdown!™ Administrator
I'd sue the kid for being a terrible athlete.
Sudoku_in_the_Bathtub
Footballguy
Terrible parent
Dan Gladden's Mustache
Footballguy
Maybe they can pay for the bubble wrap to make sure your kid will never be hurt again.
Ned Ryerson
Footballguy
I AM NOT GOING TO SUE THE CAMP. I WAS NEVER GOING TO SUE THE CAMP! I NEVER EVEN IMPLIED THAT I WAS GOING TO SUE THE CAMP.
I was asking for people's opinions, as several friends and family have advocated seeking some compensation for his injuries which happened at the camp.
I was asking for people's opinions, as several friends and family have advocated seeking some compensation for his injuries which happened at the camp.
Show him film of Greg Louganis hitting his head on the board at the Olympics. And then stress that despite this, Louganis didn't curl up in a ball and sue. He overcame, went on to win the gold, came out as gay, came down with HIV, and went on to a long and prosperous lifetime of whoring himself out on daytime television and in made-for-TV movies about his life.
butcher boy
Footballguy
Dude why are you yelling. Between this and you trying to sue the camp, you may want to look into anger management.
bagger
Footballguy
so youre asking if you should sue the camp for your kid doing something stupid...
bigger question is why does your kid not know the dangers of doing something like that? got to love people who are ####ty parents blaming their failures on others.
btw...how do you get compensation without suing? threatening to sue and then settling? semantics really.
bigger question is why does your kid not know the dangers of doing something like that? got to love people who are ####ty parents blaming their failures on others.
btw...how do you get compensation without suing? threatening to sue and then settling? semantics really.
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James Daulton
Footballguy
This type of thing is the reason that products have the stupidest warning labels and commercials for drugs contain more side effect and warnings than actual information about the drug.
If you had been watching the kid you'd be saying "he jumped in the pool. How was I supposed to know he'd screw up the reverse cannonball so bad?"
If you had been watching the kid you'd be saying "he jumped in the pool. How was I supposed to know he'd screw up the reverse cannonball so bad?"
coyote5
Footballguy
Do you really think it's even a small leap to assume that a lawsuit is a potential outcome?
I think 100% this is a kids being kids accident, and while you certainly are within your rights to ask for compensation for the bills and lost time, anything the camp gives you would be good will and they owe you zero $$.
bigbottom
Footballguy
Never even implied? The title of your thread is "what to do legally with the camp".
coyote5
Footballguy
Was just going to add that to my post :highfive:
NutterButter
Footballguy
Asking for compensation seems petty to me the more I think about it. Missing camp is a sunk cost. There was no negligence on their part. Its an accident attributed to a kid being a kid. You might be able to get some compensation but I wouldn't ask if I was in your shoes. Its all part of the cost of having a kid. Just be grateful that he wasn't seriously injured.
Ramsay Hunt Experience
Footballguy
Obviously, you know that writing a letter might provide you with some compensation depending on how threatened the camp feels. That's the way the game is played. I think a lot of people here don't think that's kosher, particularly since you concede that you probably wouldn't take the step to sue for negligence.
I think even within the profession, different lawyers have different levels of tolerance for all the Kabuki-theater bull####. I wouldn't ask for compensation unless I was convinced the camp was negligent (or at least that I felt like it was question I needed answered). I don't have all the information (and I doubt I care enough to really find out), but I'm not convinced of that. Others' mileage may vary.
I think even within the profession, different lawyers have different levels of tolerance for all the Kabuki-theater bull####. I wouldn't ask for compensation unless I was convinced the camp was negligent (or at least that I felt like it was question I needed answered). I don't have all the information (and I doubt I care enough to really find out), but I'm not convinced of that. Others' mileage may vary.
Ned Ryerson
Footballguy
If I called them and said-
Hi Camp Owner- This happened at your camp, under your supervision. That said, I think it is reasonable under the circumstances that you cover our medical bills and time missed from camp which will probably be about three weeks in the form of a credit to next summer, which I know you do not have to, but it seems that as a courtesy you should.
Honest question- What do you think the camp owner says in response?
B-Deep
Footballguy
matttyl
Footballguy
...or not take him to the emergency room after it happened?! They did what they had to do - they (likely) don't know that your medical insurance plan has a $500 copay for ER visits, nor do they care. There was a child in need of medical attention immediately (don't F around with concussions) and they did the best thing possible under the circumstances.
FigJam
Footballguy
Anyone else here visualizing Ned chasing the ambulance his son is on?
Your son choose poorly and was offered a learning opportunity, so now its your turn to penalize the people you think should be smart enough to know your challenged child needed to be carried from location to location (as walking or god forbid running AND jumping into a non moving body of water is an iffy thing for him). Good thing he wasn't chewing gum as well, he might have killed someone...
Ned Ryerson
Footballguy
bigbottom
Footballguy
B-Deep
Footballguy
Ditka Butkus
Footballguy
Isn't asking for monetary reimbursement pretty close to the same thing = same result?
