A California family has filed a lawsuit against the Bay Club in El Segundo, a Los Angeles-area fitness club, alleging that a childcare worker threw their 23-month-old son, causing him to suffer a traumatic brain injury.
The incident, which occurred on March 17, 2025, is detailed in a lawsuit that claims the child fell onto a hardwood floor. Surveillance video reviewed by ABC News appears to show the toddler approaching a childcare worker. The footage reportedly depicts the worker swinging the child between her legs before lifting him overhead and releasing his hands, causing him to fall approximately six feet.
The complaint asserts that the Bay Club initially told the parents that an employee had fallen while squatting, and that the child was only about 1.5 feet off the ground when he fell. The lawsuit alleges this account was intentionally false and misleading, as proven by the surveillance footage.
The child was taken to an emergency room later that day and diagnosed with a concussion, a traumatic brain injury, and facial abrasions. According to the lawsuit, he continues to experience symptoms, including hearing loss, more than a year after the incident.
While gym daycares where parents must remain on-site are typically exempt from California's childcare licensing requirements, the lawsuit contends that the Bay Club should have been licensed by the California Department of Social Services. This argument is based on the allegation that parents were permitted to leave the premises to go to the nearby Manhattan Country Club, indicating a departure from the typical onsite requirement.
"The deception by the Bay Club of hiding this horrific incident from the parents is inexcusable," attorney Ryan Saba of Rosen Saba LLP said in a statement. "The day care facility should have the highest amount of care for the children, and if a child gets sick or injured, they should notify the parents with transparency and urgency."
The Bay Club issued a statement saying, "We are unable to comment on ongoing litigation. At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority."