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Ryan James Otis

Ryan Otis’s Answers

1 total

  • My 5 year old son was injured by a 4 year old boy at a public park, is the other family liable?

    this happened 8 years ago and we didn't ask for anything as my insurance paid for all the surgeries and i didn't want to damage the friendship. my son suffered a ruptured globe (eye) and has undergone 4 surgeries and is legally blind in that eye....

    Ryan’s Answer

    I respectfully disagree with Ms. Koslyn’s answer to this question.

    Your child most likely DOES have a cause of action against the other family. According to California Code of Civil Procedure section 352(a), the statute of limitations for minors, children under 18 years of age, does not start to run until the child turns 18. In other words, a child usually has two years after he/she turns 18 to file a lawsuit. One exception to this general rule applies when suing government entities, which may not apply to the case you described. Therefore, according to your information, your child most likely CAN file a lawsuit against the other family because your child is still a minor.

    Your best option is to contact an attorney to ensure that you maintain your rights.

    Good luck and I hope this helps!

    Ryan J. Otis

    Disclaimer: This answer is not to be construed as legal advice and is for informational purposes only. Each state has different laws which may affect the accuracy of this answer. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. This answer does not create an attorney-client relationship.

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