Legal Question in Personal Injury in California
Child injured on bike ramp
My 8 year old son was riding his scooter on a neighbors wooden bike ramp in the street. He fell and knocked out his permanent front tooth and needed stitches. He has ridden on the ramp in the past but did not have our permission to be riding that day. We did not realize that the ramp was damaged and feel that the hole contributed to the accident. The neighbor is denying all liability and his insurance is not returning our phone calls. We are looking at $1,500 in medical/dental expenses now and future expenses of $1,000-2,000.
Is the neighbor liable?
2 Answers from Attorneys
Re: Child injured on bike ramp
In a word yes. Its called negligence. However, your allowing your child to ride on the ramp previously could be used as a defense.
Re: Child injured on bike ramp
The child may possibly recover from the neighbor for general and special damages under a negligence theory . . . depending on a number of issues including access to the ramp. If there is a recovery the funds would need to be approved by the court under a minor's compromise hearing; the parents could be reimbursed for medical expenses from the minor's settlement. You should contact an attorney to assist you and remember there are definite time limits within which to file a formal action or you may forever be barred from a recovery. If you need further help, contact me or an attorney in your neighborhood . . . Good luck . . . Patty Lewis . . .
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