First, my sincere regret that you encountered this unfortunate situation. An attorney would need to see what the contract for usage of the park by underage persons says. My suggestion is that you contact an attorney and take your documentation with you.. I have personally dealt with other California claims such as this one. Having proper representation can protect your cause of action. Best of luck to you.
View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
When kids are bit by dogs, claims are made. Period. While there may be a defense, good plaintiff's attorneys know that such claims are viable. Why are children not to be in the dog park area?
The signage is interesting. It protects the government from claims -- not dog owners.
I will be interested in seeing if I have colleagues with differing views on this. I am not licensed in California, but instead in Colorado.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Be safe and report this to your homeowners insurance to protect yourself against a potential future claim. With that being said, it sounds like the parents would be comparatively negligent for failing to supervise their child. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
A roundup of the best tips and legal advice.