Legal Question in Personal Injury in Massachusetts

My daughter was hurt at the YMCA in Boston. She was led, along with other children, by the staff couselor to go thru a hole in a chain link fence to save a minute of walking around a basketball/tennis court to go in to play. The couselor guided her thru the fence and told them to "hurry up" her head caught on of the barbs. It gave her a large scratch on the top of her head and ripped out a clump of hair. I was notified at work. I picked her up and took her to Childrens Hospital in Boston. We were fortunate enough not to need staples of stitches, however the whole incident should have never happened. What is the liability or responsibility of the YMCA in such a case? Is there a case?


Asked on 3/02/10, 4:18 am

1 Answer from Attorneys
Joseph Lamy Law Office of Joseph Lamy

The YMCA is responsible for the actions of its employees and therefore may be liable for a negligent decision by one of its employees that led to your daughters injury. In Massachusetts, non-profit and charitable organizations are protected by a $20,000 cap on damages. Unfortunately, if your daughter has a significant scar she will be unable to recover any more than $20,000. That, however, is not a small amount of money and you can contact an attorney to help bring your claim.

Feel free to contact my office so that we can discuss the case in greater detail. Best of luck.

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Answered on 3/07/10, 6:57 am


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