My son has a permanent ankle plate and 7 screws from foot being stuck in the field at a football game

the field conditions were terrible and would not have happened on turf or normal well maintained greens, He was told he will be in severe pain and have a permanent limp as he gets older. Can we sue the school? He has suffered enough and will continue for the rest of his life Thanks

Pleasantville, NY -

Attorney Answers (11)

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Personal Injury Lawyer - White Plains, NY
Answered

This is a tough claim to win. For openers, you need to file a notice of claim with the school district within 90 days of the incident. The court does have the power to grant an extension of time but in your case it might be hard to get because of the nature of the condition alleged. You need a very good personal injury lawyer.

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Ryan M. Finn

Ryan M. Finn

Personal Injury Lawyer - Albany, NY
Answered

These cases are tough. Given the severity of the injury it is worth exploring but this is not an easy case. Was the poor condition of the field a recurrent problem or did weather or other factors make it abnormally dangerous during this particular game? Were there prior injuries on this field? Prior complaints about the field condition? These and many other questions will determine whether there is a claim. Also, please note that a notice of claim must be promptly filed in order to protect your son's rights. God bless and good luck.

Ryan Finn
rfinn@hackermurphy.com
Serving Clients Throughout New York State

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Jeffrey Mark Adams

Jeffrey Mark Adams

Personal Injury Lawyer - Bronx, NY
Answered

Upon these facts, this is not a viable case - sorry. However, there may be other factors that you are not aware of. For example, the type of game/practice, experience level, etc. Be careful, there are extremely short notice requirements. Don't post more details on Avvo. Do contact one or more of the very fine attorneys who regularly post here. Good luck and all the best to your son. Jeff

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Jayson Lutzky

Jayson Lutzky

Personal Injury Lawyer - Bronx, NY
Answered

You can sue, you may not win though. Normally there is an assumption of risk in sporting events when one is a participant. Consult with a local personal injury lawyer ASAP.

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Michael R Crosner

Michael R Crosner

Personal Injury Lawyer - Northridge, CA
Answered

Contact one of these very knowledgeable local NY personal injury attorneys above who have answered your question - but it must be ASAP due to the very short time limitation for filing claims they have warned you of - You son has a serious injury & it requires an experienced attorney. Good luck & speedy recovery to your son.

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Matthew C Simon

Matthew C Simon

Personal Injury Lawyer - Parsippany, NJ
Answered

It may be possible depending on the specific facts of the case. If its a City school, there are strict time restriction that you must follow. Seek the representation of an expereinced personal injury attorney who handles these types of cases ASAP.

You preferably want someone with a background or knowledge of football. Many attorneys, such as myself, offer free 30 minute consultations to discuss the details of your case as well as the potential outcomes regarding same. The injury is severe enough to warrant seeking a consult. Good luck.

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Michael J Palumbo

Michael J Palumbo

Speeding / Traffic Ticket Lawyer
Answered

Yes it's a good lawsuit so long as you did not blow the filing of a notice of claim, which must be done within 90 days of the accident. Contact us if you would like to speak to my law partner who manages our personal injury practice.

Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

It's called an "even field case", and a good local personal injury lawyer should be retained immediately to put the entity on notice and investigate.

James D. Kiley

James D. Kiley

Personal Injury Lawyer - Great Neck, NY
Answered

You have a difficult case. Under the doctrine of assumed risk, the school would likely get that case dismissed. You should, however, consult with a PI attorney to get a thorough vetting of the facts.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases... more
Yefim Rubinov

Yefim Rubinov

Personal Injury Lawyer - Brooklyn, NY
Answered

Consult a lawyer right away. A detailed consultation is required regarding these cases.

Michael Wayne Goldstein

Michael Wayne Goldstein

Personal Injury Lawyer - New York, NY
Answered

I would like to discuss with you the details of the conditions that caused the accident. It is possible that there may be a viable case.I would agree with the other attorneys that it is a difficult case but the serious injuries warrants further investigation. when did the accident Occur

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