A Texas family has settled a case involving injuries to their son at a gym. Blake Hyland, a teenage gymnast hailing from China Spring, TX was injured at Texas Dynasty Cheer and Gymnastics during a routine. Blake was injured while he was performing a maneuver known as an Arabian. While the maneuver itself was complex, the injuries that resulted from the accident could have been severely mitigated if the gym held higher safety standards.
The Hyland Family's Case
Following the accident, Blake Hyland suffered permanent brain damage as well as lasting physical injuries. Blake's maneuver was set to land in a foam pit designed for training. However, his trajectory went slightly awry and Blake struck his head on exposed concrete surrounding the foam pit. Reports from the case showed that Blake could have lost his life. He also had to have a number of surgeries done, along with several months of rehabilitation. Blake was able to make a miraculous recovery, and following rehabilitation was even able to test into his grade level at the time, in spite of the traumatic brain injury. He continues to show signs of improvement and recovery.
The Hyland family filed a lawsuit against the gym for its lack of safety features that could have better protected Blake during the accident. The lawsuit resulted in a settlement for an undisclosed amount and Blake was granted an annuity payment that will help him live independently for the rest of his life. The gym did not officially admit to any wrongdoing, according to the terms of the settlement.
Raising A Case Against A Gym
While the Hylands were thankfully able to find success in obtaining compensation for their son's injuries, many individuals injured at a gym may find difficulty in pursuing a case against a gym or similar facility. The reason for this is, regardless of the present safety conditions of the gym, the managers of the gym will have attendees sign a waiver of their rights to a civil lawsuit against the gym.
While these waivers state that a person may be relieving the gym of liability, at times, these waivers may not hold up in court. A waiver may be either too vaguely worded to hold up or may overextend its authority. This can be brought up in court when a person initially files their case.
For this case in particular, while Blake may have assumed a risk of injury to himself as a result of performing gymnastic feats, he may not have assumed the risk of injuring himself on exposed concrete. These instances can become particularly complex matters, especially because of the language in the waiver itself.
When a person is injured at a gym, and the lines are unclear as to what the cause was, it may be best to consult with an attorney about the incident. If you or a loved one has been injured, contact the professionals at Gilman & Bedigian today.