Does my child's injury case involve a premises liability?

Asked almost 3 years ago - Sandy, UT

My 8-year-old son injured his foot during the recess at school. I took him to an orthopedic surgeon who diagnosed the fracture of the growth plate and put his leg in a cast. When my son showed me the place where he had injured his foot I understood that the injury occurred due to a dangerous and unsafe environment around the school’s playground. The school’s old playground has been demolished, and the new one is being built. Behind the fenced building site there is a messy unfenced place full of building debris and piles of dirt. There are no signs that would warn students to keep off of that place. Judging from my son’s testimony, he tripped and injured his foot when running close to that messy spot. There are playground supervisors during the recess , but no one told my son not to approach the mess. I just wondering what entity -the school’s administration or a construction company- should be held liable for the injury for failing to provide a safe environment

Attorney answers (3)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20
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    Answered . Perhaps both. You should immediately take photographs of the area where the incident occurred if you have not already done so.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

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    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Some states have school immunity statutes, thus, call a personal injury lawyer in your state for a free consultation to discuss whether there is a statute as well as any potential liability.

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  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Yes, although the school may have immunities from litigation for torts, the construction company may have some liabiity. See a pI lawyer today.

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