Minor Allegedly Critically Injured After Falling From Spin Bike.
Child Wasn’t Trained To Use Equipment, Says Suit…
BY: STAFF REPORT | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) — A lawsuit just filed in Palm Beach County Circuit Court alleges that Spin Of South Florida, also known as ”Ride Delray/Purecyle” was negligent and responsible for a middle school student falling from a Spin bike and becoming critically injured.
Kason Scherer of Massachusettes was, according to the suit, so injured that he “was confined to hospital, bed and home,” as he attempted to recover from his injuries.
The suit alleges that the injury is due to the following acts of negligence, which we are publishing verbatim:
Carelessness and negligence of the defendant, jointly and severally, their agents, servants and/or employees in failing in their duty to keep said premises in a reasonably safe condition; in failing to keep said premises free from dangerous and hazardous conditions; permitting said premises to have a dangerous bike with restrictive straps to remain in a defective, hazardous and dangerous condition; in failing to properly safeguard the area; in failing to warn; in failing to properly inspect; in failing to repair the dangerous condition; in failing to supervise KASON SCHERER; in permitting KASON SCHERER to have access to a dangerous condition;
In failing to “spot” KASON SCHERER; in failing to train KASON SCHERER how to utilize the equipment; in failing to properly train KASON SCHERER how to utilize the equipment; in failing to provide instruction; in failing to teach KASON SCHERER how to fall in a safe manner; in failing to provide adequate safety mats; in failing to provide adequate safety devices; in failing to utilize a harness; in directing KASON SCHERER to utilize a dangerous condition; in failing to erect adequate and proper safety barriers to prevent a minor from accessing a dangerous condition; in failing to safeguard a hazardous condition; in permitting KASON SCHERER to have access to a hazardous condition; in directing KASON SCHERER to utilize a
hazardous condition; in failing to supervise KASON SCHERER;
In failing to warn; in failing to adequately care for the plaintiff; in failing to provide a safe environment; in failing to engage in age-appropriate activities; in negligently supervising the minor; in hiring incompetent help; in failing to properly supervise and/or train their agents, servants and/or employees; in failing to properly screen their agents, servants and/or employees; in failing to provide adequate supervision to minors attending a spin class at the premises; in failing to monitor those lawfully about the premises; in failing to provide a safe environment for persons upon the premises; in failing to monitor guests lawfully about said premises; in failing to timely respond to a dangerous situation;
In placing the plaintiff in a position of danger; in violating the applicable statutes, rules, ordinances and regulations of the laws of the State of Florida; in violating the Florida State Public Health Law; in having inadequate and/or incompetent help; in failing to properly provide medical care/first aid for KASON SCHERER; in failing to notify emergency responder; in failing to properly recognize; in failing to use due care and caution in the circumstances; and, in otherwise being careless, reckless and negligent in this instance.”
The suit does not state where Kason’s parents or guardians were at the time of the alleged incident which occurred in 2018.
Read the complete suit, below. There was no immediate response filed by attorneys for Spin of South Florida. While BocaNewsNow.com does not traditionally name minors, his attorneys named Kason instead of using a “John Doe” reference.
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