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My 17 year old daughter visited an establishment without my consent where the entire arena is covered with trampolines and foam pits. She signed a waiver stating she was 18, but they never asked her for her ID. She fell from 6 feet into a 4 foot foam pit and hit the bottom, causing a compression fracture of her L1 in her spine. She went to the ER right away and they did not perform any imaging. They told her it was a pulled muscle and gave her Valium. She was then discharged. I was out of town with my husband. When I returned home, I took her to her pediatrician who ordered x-rays and found the fracture. I am furious with the establishment, as well as the hospital. Is there anything I can do?
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Yes. Generally, minors under the age of 18 may not enter into valid contracts in Georgia. An exception might be if she was an emancipated minor (and not living with y'all). Given the severity of the injuries, it is worth speaking with a personal injury lawyer immediately. There's a good chance the estblishment, possibly Sky Zone in the Atlanta Metro Area, has liability insurance that may cover the injury. Claim against the hospital is much harder. In an emergency setting, you would have to show gross negligence as opposed to ordinary negligence on a general malpractice claim.
Answered on Jun 15th, 2017 at 7:54 AM