Legal Question in Personal Injury in California
Hello!
My son tore his knee open about 8-10 inches after he fell on an area near the school that does not have a sidewalk. He should have the sutures out this next week, but, due to the high risk of infection, the doctors didn't completely close the wound and he lost a few stitches and will now have a NASTY scar. There is sidewalk surrounding the area, but then only hard, packed dirt with palm seeds that make it slippery. I contacted the city to see how this area could be made safer for the kids going to school, and they advised me that, since it is orange grove, they don't have the right of way there and maybe the kids could walk in the street. (Oooook). I'm not out for monetary damages...kids fall. However, I have seen kids fall in the same area before and want to know how I can go about making the area safer.
2 Answers from Attorneys
Mail a letter to the owner of the property or better yet, go meet them and explain that this is a dangerous area and have suggestions as how to make it safer. Godo luck.
The best way to get their attention is to file a lawsuit against the owner/possessor of the land..anything done to remedy the dangerous condition subsequent to the incident cannot be used to establish liability only to establish who has control and or owns the land
If there are prior incidents and the owner/possessor has knowledge of them then you have taken a large step toward proving your sons case and in all likelihood this would certainly prompt repairs
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