Legal Question in Personal Injury in California
I was a parent chaperon for a fieldtrip to a pumpkin patch. A child I was over seeing wanted a pumpkin from a delivery truck that works for the pumpkin patch. No signs were posted stating that the pumpkins were not to be handled, so I got onto the pickup truck and when getting down I fell off the truck and broke my ankle. I had surgery serval days after due to intense pain. The surgery had left me with screws and a metallic place in my lower leg. Do I have a lawsuit? Is it worth the time and money to pursue one?
8 Answers from Attorneys
So why do you think the owner of the truck, or of the pumpkin patch, should be liable for your injuries? Were they negligent in some manner? If not, your case has turned into a pumpkin.
Yes you have a potential lawsuit. It may be worth it depending on other facts. Why is it that you fell off the truck--what caused the fall that makes it the pumpkin patch's fault.
Who are you going to sue for what? Who was negligent or otherwise caused your injuries besides you? Even if there was some fault on the part of someone else, any judgment will be reduced by your percentage of negligence, which won't leave much.
You can't just sue soemone because you hurt yourself.
To make a case, you need damages and fault. Your damages are severe, so it's definitely worthwhile conducting a full investigation as to fault. From the little you described here, it's possible that fauly may exist, but remember: the more serious the injury, the harder the defense will fight to hide any possible fault on their part! The fact is, you need an aggressive lawyer to get to the bottom of things. Please call me to discuss the matter further, toll-free at (877) LION-FOR-LAW (546-6367).
Liability, damages (injury) and causation, i.e., there is a connection between your injury and a breach of the vehicle and/or property owners' duty of care to you are all required. I do not have sufficient facts to determine if there was a breach of any duty here. If it turns out that there was then you could have a good case. This would all have to be determined through a courtesy consultation if you are interested in haveing one. I hope this helps. Bob
My law firm handles these types of cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net.
I would say that their failure to post a sign coupled with the fact that the pumpkin patch was selling pumpkins, was an invitation for you to get on the truck to find a pumpkin. I may be willing to help you with this case.
If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.
It appears that Robert Worth has given the matter thought. You may want to call him.