Legal Question in Civil Litigation in California
what do i do
my daughter was hurt in a feild next to my house, the area is very dangerouse has junk and alot of debri, some kids were playing with a concrete pilar or a big huge pipe and rolled it and my child was on the other side and rolled up onher and it stoped right on top of her, as i ran up to it i rolled it back off and she had to go to the hospital. shes ok no broken bones but she has a fractured cheek bone and she will have to have surgery. I just want to know if i can sue or atleast get the property owner to reimburse me all the time and money i am going to put in to taking her to all these visits to get her eye to work properly. what do think? Any one?
3 Answers from Attorneys
Re: what do i do
Speak to some local personal injury attorneys about the case--the property owner may be liable, as the other attorneys mentioned, under the "attractive nuisance" theory.
Re: what do i do
You may very well have a case against the property owner for your childs medical costs, etc. What you describe is an "attractive nuisance". Even if there are warning signs, small children are not held accountable for reading them.
Re: what do i do
from the facts given, you appear to have a very strong case agains the property owner for recovery of your current and future medical bills, under an attractive nuisance theory primarily. however, i would need to know the age of your daughter, and also let me know if the property owner knew or had reason to know your daughter and the other children often played on his/her land. further, you may also have a cause of action against the parent's of the child who actually rolled the pillar onto your daughter. so, if you would like further legal assistance or representation on this matter, email me today with the specific details of your case, i.e your daughter's age, how much her medical bills have been to date (not just your copayments), what further ongoing medical treatment she may require according to her doctor. talk soon.