Legal Question in Consumer Law in Texas
Breach of contract, implied warranty on club membership
My child was severly injured at a country club at a golf kids camp. While under their supervision he was told to break club rules by club officials which led to his injuries. After initial reluctance to file on their insurance, the club agreed to pay our out of pocket medical expenses. Over a year later, they have not. We resigned from the club because they did not adhere to safety rules, and the fact they did not render any first aid to our injured son, nor call his parent or an ambulence. We want our joining fee of 10K back since they provided an unsafe environment which I believe might fall under implied contract and still haven't paid us. They were also hostile to us after this accident which doesn't make for an acceptable atmosphere for recreation. Though we didn't use the club for three months after this accident because our son was too ill, we paid for it. WE refused to pay any further dues as they owed US money. NOw they are also suing us for 3 months of dues that accrued prior to our finally resigning from the club. WE didn't use the club at all during those months either. THey had not fixed the problem of their product nor reimbursed us our expense. Can we ask for our money?
2 Answers from Attorneys
Re: Breach of contract, implied warranty on club membership
Ditto on what Ms. Campbell told you, but with an emphasis on speed. Don't start messing around with do-it-yourself lawyering. Get a lawyer!
Re: Breach of contract, implied warranty on club membership
You really need to hire an attorney to represent you in the lawsuit and to file a counterclaim against the country club for the injuries to your son and for breach of contract.
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