Roller rinks were the fad in the 1970s and into the 1980s. Today, society is ever health-conscious, and fitness centers are extremely popular. Many centers offer childcare so that parents can work out or enjoy a fitness class. Others offer classes for children to enjoy rock climbing or tumbling.
It is standard practice for many Houston healthcare centers that offer childcare to ask parents to sign a liability form, purporting to waive responsibility for any injury to the children while in the fitness center’s care.
Liability Waivers
We recently wrote an article outlining the law in Texas regarding liability waivers for injuries to children.
In short, the fact that the parents of a child may have signed a liability waiver does not necessarily completely release the facility for acts of negligence when a child may have been injured.
Fortunately, many fitness facilities believe that their paperwork has resolved some of the claims for injuries to children who were improperly supervised. Many even have the gall to suggest that the child themselves or even the child’s parents were responsible.
In Texas, the defense of comparative negligence is unavailable for children of tender age. The standard of care for slightly older children is that of a child of that age. Trying to hold a child responsible is a tough sell in Texas.
Duty of Supervision
Fitness facilities and caregivers of minor children should take extra caution to ensure the child they are supervising and caring for does not become injured. Parents entrust their most precious possessions to these caregivers, and there is little more distressing than learning that someone did not adequately watch your child and allowed them to become injured.
One thing that fitness centers can do to enhance their services to their members and also protect children is to add quality caregivers in a reasonable ratio to the number of children in their care.
Are They Watching the Children?
One of the leading causes of child injury is the facility’s failure to have adequate numbers of adults supervising the children. Supervision should be such that an adult has eyes on the child under their care at all times. Our Houston law firm has won compensation for injured children for decades.
Contact the Child Injury Lawyers at Baumgartner Law Firm for Help!
If your child has been injured at a fitness center or by a caregiver, and you would like to speak with a daycare negligence attorney about your rights and options, please call or contact us for a free consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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