I am sorry to hear about your son. I hope you have sought out appropriate medical care and remain focused on treating the injury.
Initially, you should contact an experienced personal injury lawyer to help you with this case. What you have is a potential case based upon premises liability. Such cases can be very difficult to pursue due to the many liability issues and various defenses that are available.
A personal injury attorney will assist you in establishing that there was some defect or dangerous condition on the premises that may have caused the incident. If padding or safety protection were missing, this could be a sufficient. I would encourage you to search Avvo for a personal injury lawyer near where you live. You should do this ASAP so as to preserve any evidence that may be available.
I urge you to seek counsel as soon as possible.
The information presented here is general in nature and is not intended, to be construed as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Yours is a potential "premises liability" case that will definitely require a lawyer. Don't proceed on your own because McDonald's will only give you the run around. Your premises liability lawyer must prove the existence of a duty on the part of the defendant to use due care; that McDonald's breached their legal duty; and that their breach was the proximate cause of your child's injury. McDonald's owes a greater degree of care because your child lacks the capacity to appreciate risks and to avoid danger. The fact that the cushion was missing and that it resulted in the injury is very helpful to your case. The statute of limitations for minors in this case is 2 years from date of the child's 18th birthday. Again, find yourself a lawyer and don't go at this one alone.
You don't want to try to handle this yourself. I'm not sure what this net was, but it is possible that it was an attractive nuisance, essentially a hazardous object likely to attract a child who doesn't appreciate the risks and dangers. It could be some dangerous condition which caused injury to your child, thus, please get a free consultation with a personal injury lawyer in your city to discuss the specifics of this net.
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Sounds like you have a great case. My firm handles these cases all over California. You may call me for a free consultation at 800-816-1529 x. 1, or check out my website at www.thepersonalinjury.com .
No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.
Your fist focus should be to take care of son. I have sued McDonald's before for a similar injury and was successful. However, whether you have a big case will depend on the nature and extent of the injuries and medical bills and exactly what happened. Do not make any statements to any insurance companies. good luck.
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