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I broke my ankle playing soccer(i was not slide tackled; nobody else was involved.

Carlsbad, CA |

i broke my ankle playing soccer(i was not slide tackled; nobody else was involved). I stepped in a hole and suffered a tri malleolar fracture which required surgery(1 metal plate and lots of screws.) I want to know if I can sue the parks and recreation dept for negligence because they obviously didnt take any care of the field.

I was able to go back and take photos about one month after surgery but I got a lot of good evidence showing lack of maintenance. The main thing Im worried about is the deadline to submit a claim, which is on the 8th, so two days. I can answer most of the questions except for when it asks for how much I'm asking for( under $10k or over $10k and if it can be a limited civil case.) My options are slim now that I've waited so long but I think I should just submit the claim so that I don't miss the deadline.

Attorney Answers 12


  1. Keep in mind that any parks department is a governmental unit, which is subject to strict notice requirements. Failure to follow these requirements will prevent you from suing. Talk with a local personal injury attorney because these notice requirements can be tricky.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. Yes you can sue the park for negligent maintenance of property. You will have to show either actual or constructive prior notice. Also please know that if the park is publically owned (not privately owned) you must file an administrative claim within 6 months, in most cases, prior to being able to file a lawsuit. You really should consult with a local attorney since you suffered such a severe injury. Good luck to you.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. There may be government immunity. You should consult with a local personal injury attorney who can tell you if you have a valid claim under California law. You can find one on AVVO.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client 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 nor are they 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 statutory 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 the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  4. I agree with the other comments. You also must get photographs of the hole immediately. Contact a personal injury attorney ASAP so that they can review the photos and determine if an expert needs to retained to inspect the field. Feel free to call our office if you wish to discuss your case.

    John Nojima
    LNTLB.COM


  5. Yes. I've done a lot of these "uneven field" cases in PA & NJ, and you should retain a personal injury lawyer in your state for representation.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. You don't have to know the amount you are demanding in order to file your claim. Put a healthy amount in that space on the form -- at least 5 times what your out of pockets are and then put a "+" next to it and state: "according to proof." That is sufficient to comply with the notice requirements of the claims statute. Don't agree that it can be a limited case at this time. In most local municipal and county jurisdictions, claims are a formality -- a critical one to be sure -- and they do not get evaluated or analyzed by knowledgeable persons for substantive purposes, at least not at the claims filing stage. This is, of course, a subversion of much of the purpose of the governmental claims law, but so it goes.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  7. You absolutely need to get the claim filed with the proper entity when due. Do not delay. You do not have to put in a dollar amount, just say that the amount of the claim is within the UNlimited jurisdiction of the court. failure to file timely and to serve the right person for the right entity, can result in loss of your claim, or at minimum, require a lot of extra work and a court petition. See a local injury lawyer first thing on Monday.


  8. If this is a City or County Park, you must file a govermental tort claim with that particular govermental agency within 6 months of the accident or your claim is barred. When the claim is rejected by written denial or operation of law, you then must file your complaint within 6 months or your lawsuit is forever barred.
    These kinds of cases, particularily against a governmental entity are difficult to win, and therefore require an experienced lawyer with knowledge of governmental claims and lawsuits. There are notice issues, qualified immunities, financial burden issues, etc. that can limit or even exempt the goverment from liability.
    As time is short , you might want to get an attorey right away. We do handle these kinds of claims, and you can reach me at cbuzunis@hcesq.com. Good Luck!

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  9. I agree with the comments posted. You have to show that the premises owner had notice of the dangerous condition. You also have to show that the condition is not something that you would have been open and obvious for users of the field to see.

    Get photographs now. Take photographs that depict the hole itself as well as take photographs that include a ruler in the picture to show the depth and width of the hole.

    Make sure you file a timely government claim.

    Hire a personal injury attorney, and get an expert to inspect the area before the condition changes.

    Marc Lazarus


  10. To answer this question directly, and without re-stating what was said by the other contributors, the answer to your question is "YES, submit the claim". Do whatever is necessary to get the claim timely filed. To answer part 2 of your question regarding what box to check on the issue of below or above $10,000, check above. You need to consult with a lawyer immediately. If you can do that and have them timely submit the claim, so much the better. No matter what, make sure a timely claim is submitted and also see a lawyer immediately. Good luck. Please see disclaimer at bottom. Adam Sorrells, Injury Lawyer Chico.

    The above was not legal advice and cannot be relied on. For informational purposes only. Some of the time periods in which you are legal required to act can be incredibly short, some as short as 6 months. Time is of the essence, do not delay seeking legal advice and pursuing your legal rights. No attorney/client relationship formed.


  11. May be tricky. Contact a local injury attorney.

    Tim


  12. If you were injured in a public park, you must get your claim fiiled immediately. If you are unsure about what to put in the ares for the amount of your claim, I recommend that you check the box indicating that your claim is in excess of $10,000.00. Indicate that your medical expenses are currently not ascertained (if that is the case), but will be according to proof. You should be prepared for the city to deny your claim because they typically deny such claims. Because you have been treated for your injuries and you aleady have photos, your next step should be to contact an attorney who is experienced in handling personal injury matters. There are many fine personal injury attorneys on AVVO. In the meantime, follow your doctor's instructions.

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