QUESTION
Can my son at 22 still sue for a football injury from high school that involved a helmet manufacturer's admitted negligence?
Asked on Aug 14th, 2013 on Personal Injury - California
More details to this question:
My son was seriously injured during a practice wearing a ridell helmet that was not properly reconditioned? The company admitted their default but the school did not take the time to evaluate this. We had looked into filing a lawsuit 2 years ago but the company had changed hands and we kept finding problems in the process. It seems the company is now being recognized and i have read of lawsuits being filled and son. My son will live differently for the reset if his life because of this mistake. Is there anything we can do at this point?
10 ANSWERS
Ronald A. Steinberg
It is probably to late.
Answered on Oct 14th, 2013 at 10:30 AM
James Eugene Hasser
The first thing that strikes me is that you may have a time problem. I suggest you talk with a products liability lawyer in your area to see if there are time problems, and if so, whether you can get around them with one or more of the exceptions, and if your son has a potential case.
Answered on Aug 23rd, 2013 at 2:33 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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In Missouri you have 5 years from his 18th birthday to bring a suit.
Answered on Aug 23rd, 2013 at 2:33 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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In Tennessee, you have one year to file a lawsuit for a personal injury. If the injury is to a minor, there is a one year limit from when the person turns 18.
Answered on Aug 23rd, 2013 at 2:33 PM
Thomas Edward Gates
The statute of limitation has run out on your matter, hence, you cannot sue.
Answered on Aug 23rd, 2013 at 2:33 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You tell us that your son is 22, but you don't tell us how long ago the accident happened. The statute of limitations in New York is 3 years.
Answered on Aug 23rd, 2013 at 2:33 PM
Lisa Hurtado McDonnell
If it accident happen less than four year ago and you have given notice to the manufacture before the statute of limitations has expire.
Answered on Aug 23rd, 2013 at 2:33 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You son has 3 years from reaching his majority in NC to bring an action. I don't know what state you are in or what the limitation is see a good lawyer now.
Answered on Aug 23rd, 2013 at 2:33 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It depends on the date of the injury and the state where it happened. In New York, a lawsuit for personal injury has to be brought within 3 years from the date of the injury. The 3 years period does not begin to run until the injured person reaches the age of 18; but this delay does not seem to be potentially helpful to your son. The statute of limitations is very strictly applied, and there are very few exceptions; but I would advise you to not give up before you get consultations with 2-3 personal injury attorneys.
Answered on Aug 23rd, 2013 at 2:32 PM
California statute of limitations for product liability is 2 years under Cal Civ Proc Code 335.1. If the injury was more than 2 years ago, your claim would then be barred by the statute.
Answered on Aug 23rd, 2013 at 2:32 PM