QUESTION
Can I sue my daughters school for an injury in a construction zone?
Asked on Jul 26th, 2011 on Personal Injury - Florida
More details to this question:
My kids school is doing construction and my daughter climbed the gate that is surrounding the site and she fell. She hit her head on a brick and had to get stitches. Could I sue even though she was not suppose to be in the area?
15 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I would need to know more facts. You would have to show that the school, or construction company was negligent and should have done more to prevent children from going into that area. Not knowing what precautions they took, I cannot say whether they were negligent.
Answered on Jul 28th, 2011 at 12:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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How old is the child? And what is the fault on the part of the school? Fault is the basis for legal claims still, even though the progressives in our culture are trying to change that.
Answered on Jul 27th, 2011 at 2:32 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Possibily. Yo need to call a personal injury attorney
Answered on Jul 27th, 2011 at 8:59 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. Absolutely. Lack of supervision. Who allowed her to expose herself to that risk. REMEMBER: you must file a notice of claim against the school district within ninety days of the accident. Hire a lawyer right away!
Answered on Jul 27th, 2011 at 8:57 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You may be able to sue. There is a thing in law called an "attractive nuisance" which is just what it sounds like. When a person or entity puts something in place that is too enticing to pass up, the doctrine of attractive nuisance negates some otherwise valid defenses. I would need to know more about your situation and then research the issue to see of it applied. If you would like to discuss this in more detail, you can reach me at the telephone numbers listed below.
Answered on Jul 27th, 2011 at 8:43 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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I cannot imagine you can find an attorney to take a case like this on a contingency basis (a) since the value is relatively low and (b) the liability is pretty much non-existent. On what basis do you think the school or the construction company is liable? If they put a gate around the construction area, they really cannot protect against some kid climbing over it, and then falling as a result. I really dont see any liability here, but perhaps I dont have all the facts.
Answered on Jul 26th, 2011 at 3:35 PM
Retain and/or copnsult with an accident or personal injury attorney who represents the plaintiff.
Answered on Jul 26th, 2011 at 3:31 PM
William C. Gosnell
Yes. hire a Personal Injury Lawyer. There is attractive nuisance theory, how was she able to climb the fence? Failure to Protect Public.
Answered on Jul 26th, 2011 at 3:01 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Every personal injury case is dependent on the individual specific facts of the case. With the limited information you gave here, I can only tell you that yes, you can sue, but not whether or not you have a "good" case against the school. In order to determine how good your case is I would want to know how old your daughter is, whether there were any signs or other warnings at the site, the size and type of gate or fence that was around the site, whether parents were warned about the construction, whether someone was supervising your child at the time of the incident, how obvious the hazard was and possibly other facts about the case. It could be that the school was not negligent, but the company actually doing the construction was negligent. Maybe the company hired a security firm to set up the perimeter and that company was negligent. These are all facts that need to be accounted for in this analysis. I suggest that you consult with a personal injury attorney in your area and allow that attorney to do some investigation into the case for you. Many PI attorneys will do this investigation at their own expense if they think there is enough money in the case. The fact that your daughter was lucky enough only to have stiches means that the damages in the case will likely be low, so I don't know how willing someone would be to do that investigation without an agreement that you will reimburse or pay for it up front.
Answered on Jul 26th, 2011 at 2:11 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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She may have been contributorily negligent. It does not mean that school and contractor are not also liable for not securing area so that kids could not climb the gate.
Answered on Jul 26th, 2011 at 2:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The owner of property is required to keep the premises reasonably safe from known hazards. Putting a fence around a construction area is consistent with that duty. I do not see anything in your question that indicates a failure on the part of the school or the construction company to take reasonable precautions to avoid injury.
Answered on Jul 26th, 2011 at 1:35 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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I believe that you could successfully make a claim against either the school, or perhaps the contractor (if there is one). Although your daughter should not have been there, she also should not have been able to climb over the barrier. The fact that she could may indicate negligence on the part of the school or contractor.
Answered on Jul 26th, 2011 at 1:35 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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This is a very tricky situation. You will have to show that the school was negligent in some way by allowing your daughter to climb the fence in the first place. Additionally, the age of your child may play a part as well. A lack of supervision that leads to injury may possibly result in damages being awarded. However, there are still many facts at issue that must first be flushed out to determine the liability of the school as well as the contractor. Please contact my office to further discuss.
Answered on Jul 26th, 2011 at 1:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If she was in an area which was fenced in, and where she was not supposed to be, then she would most likely be considered a trespasser. In Florida, the only duty a landowner owes a trespasser is not to intentionally harm them. You would have nothing to lose by hiring an attorney to send the school a letter to see if they would be willing to at least pay her medical bills. Most personal injury attorneys work on a contingent fee basis, which means that you would not owe them money if they were unsuccessful in recovering anything for them. The school may voluntarily offer some money, but it never hurts to ask. Having a lawyer ask usually ends with better results.
Answered on Jul 26th, 2011 at 1:17 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Depends on her age as to what level of comparative negligence would be assigned to your daughter, but yes you could file a claim if the school should have more aggressively denied access to the construction site.
Answered on Jul 26th, 2011 at 1:16 PM