Legal Question in Personal Injury in California

child hurt at preschool

My child was hurt in the pre-school playground as they put a table outside to cover a muddy area. We called the paramedics and he required 4 internal and 12 external stitches to a large gash about 2 inches long above his eyebrow. I have given the hospital my insurance information but I know the out of pocket will be at least $700.00. The school has called me but have not mentioned any liability. Do I ask them what their policy is regarding this type of accident? What is their liability? Thank you


Asked on 2/14/07, 1:43 am

2 Answers from Attorneys
Deborah Barron Barron Law Corporation

Re: child hurt at preschool

Within six months of the incident you must file a notice of government claim and serve it on the legal department or school board. Then you have six months to file a complaint in court. It is difficult to know if the school has any liability without more facts about how the injury occurred, whether the table posed a known dangerous condition. Just because an injury occurs on property, does not mean the property owner is liable.

Read more
Answered on 2/22/07, 9:08 pm
Michael Stone-Molloy The Lion's Law Office

Re: child hurt at preschool

I agree with Ms. Barron that liability is not clear, but that's because I don't understand how the accident happened.

The school's policy is not the issue. State law requires that premises open to the public be kept free of dangerous conditions. If a proprietor creates a dangerous condition, or is aware of it for sufficient time to take corrective action yet does nothing-- then he is liable.

One thing is certain: the party who could be liable is NOT a reliable party to ask about the existence of liability! You're doing the right thing by posting this question here, but you should include more detail.

Specifically, how exactly was the injury caused? If you have an opinion about fault, what is it?

Read more
Answered on 2/24/07, 1:19 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California