Legal Question in Personal Injury in Oklahoma
Negilence
12year old son and 3 year old son were at the consession stand. We there at a baseball game. Two grown men starting fight and my 3 year old got landed on. He was bleeding from his head,nose,and mouth. The ballpark people in charge didn't offer any help at all. They didn't call the police or an ambulance,nothing. We didn't know if he had a concussion or what. We took him to the emergency room ourselves. He is okay. Just banged up real good fron head to knees. To me this is negilence on the ballpark facility for doing nothing. And also the two men fighting that hurt my son. Please respond .
Thanks.
1 Answer from Attorneys
Re: Negilence
Thank you for posting. I am sorry that your son had to endure this. Your post does not ask a question but I assume you are asking whether the ballpark and the two men are negligent. The park may be negligent if it had notice that one or both of these men were prone to get into fights and had not banned them or if they had notice that the situation was about to lead to a fight in suffiecient time to do something to prevent it.
The men, one or both may be guilty of negligence. Under these circumstances the most likely theory of recovery is for BATTERY which the law defines as a non-consensual harmful or offensive touching. I would also assume that the ballpark has a type of medical coverage which pays a minimum amount for medical bills regardless of who was at fault if the injury occurred on the premises. This is usually a $500 to $1000 maximum coverage. If your only interest is in recovering the cost of your son's medicial bills you should follow-up with the park with copies of the bills. Good luck
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