Legal Question in Personal Injury in California

Re: Child injured at school during PE on neglected field.

Yes, you do have a claim for negligence and premises liability. Remember there is a 6 month statute of limitation within which to serve a governmental claim. You must serve a properly drafted claim and then they have 45 days to accept or reject the claim. You then must file a lawsuit within 6 months of that date.

Re: Child injured at school during PE on neglected field.

Before things change, because of the time limitations for filing governmental claims (certain special procedures) I suggest you hire an attorney right away.

Joel Selik

800-894-2889

www.4thelaw.com

San Diego, Las Vegas, San Francisco

Re: Child injured at school during PE on neglected field.

Your son may have a viable claim if his injury was caused by the poor field condition. The school owes a duty of care to the students participating in PE class, not to expose the kids to unreasonable risk of harm. For example, I obtained a jury verdict against the San Diego school district for a student who suffered an eye injury playing racquetball in P.E. class, because the kids were not provided protective goggles or informed about their existence. In another currently pending case, a student suffered a fractured ankle when required to perform the triple jump on a wet and sandy track.

There are time limits for presenting a claim, and such claims are usually denied, thus you should consider retaining an attorney for this matter.

Re: Child injured at school during PE on neglected field.

This is an area where you should speak with an attorney who specializes in property and injury liability cases against governmental entities such as school districts. If you are in the Southern California area, contact me at the phone number listed below and I would be glad to discuss your case with you and advise you who would have the proper experience for a case such as yours.

Sincerely, Sam M. Eagle, Attorney at Law, 10101 Slater Avenue, #218, Fountain Valley, Ca 92708, phone: 714- 963-5123

Re: Child injured at school during PE on neglected field.

The torn up field may not have been the cause of the injury. So you may or may not have a winner. However, file your governmental claim with either the school district or the county clerk (not sure myself which one). And do it within 180 days of the injury. The clerk of either entity will have the forms. They'll stamped your copy 'received,' and that starts the 45 days in which they have to offer a settlement or you can file a lwsuit. You'll need to have yourself appointed 'guardian ad litem' (a court form) to sue for your son.

Re: Child injured at school during PE on neglected field.

Yes, you very likely have a claim against the school for negligence. You would file in the Santa Rosa Superior Court.

You have to be very careful not to miss the applicable statute of limitations and possible governmental claim statutes.

D. Alexander Floum is an experienced attorney and a law school professor.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.