QUESTION
Can we sue a property if my child was injured?
Asked on Oct 29th, 2011 on Personal Injury - California
More details to this question:
My son was involved in an incident where another child got seriously burned at a mill. My child did not get burned, but its like he's suffering from shock. Can we join the suit with this other child? They were on mill grounds. They shouldn't of been there, but there weren't any signs telling them to stay out and to have burning hot ash stored in those abandoned buildings, something should be posted.
13 ANSWERS
Yes you can. Your child needs to be evaluated by a licensed psychologist for PTSD or post traumatic stress disorder. He may be suffering from the psychological shock of seeing another child seriously burned and fears it can happen to him.
Answered on Nov 07th, 2011 at 8:39 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You may be able to join in the suit. There have been successful suits where parents have been traumatized form witnessing an accident involving their child, or children being traumatized witnessing an accident involving a parent. You may want to consult the child's attorney to see if he would take your son's case as well If not, you may find some Personal injury Attorney who would be interested.
Answered on Nov 01st, 2011 at 8:01 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you child needs counseling you should seek it out. Without medical documentation, the claim will not be taken seriously.
Answered on Nov 01st, 2011 at 7:50 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you might have a case of attractive nuisance at least for the obviously injured child. As to your child. I don't know what "shock" means. If your child has a serious emotional problem because of the nuisance and that serious emotional problem is documented medically (if a doctor says so and will testify) you may be successful. But you cant just bootstrap yourself into someone elses lawsuit with words like "shock".
Answered on Nov 01st, 2011 at 4:14 PM
Contact the other child's lawyer/firm to see if your child and you may be joined as a party/plaintiff in that lawsuit.
Answered on Nov 01st, 2011 at 4:13 PM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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It will be difficult for your son to join the action unless he can show he was actually injured. What medical treatment did he have for his "shock?" If he did not receive any medical treatment that directly relates to the incident, he will likely not have a valid claim.
Answered on Nov 01st, 2011 at 3:23 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your child was not physically injured. He/She suffered emotional distress at seeing the other child injured, but generally such cases are limited to immediate family members.
Answered on Nov 01st, 2011 at 3:19 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, if he was considered a trespasser, then the landowner's only obligation to a trespasser is not to intentionally harm him. When you say "he shouldn't have been there" was there any reason to consider him a trespasser?
Answered on Nov 01st, 2011 at 3:17 PM
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You should probably consult with an attorney about this. Generally, one must sustain physical injury to recover damages. However, there are exceptions that are quite limited, and also different theories of recovery. Your best bet is to meet with somebody with whom you can share the details and get the attorney's opinion.
Answered on Nov 01st, 2011 at 1:58 PM
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Trespass can be a defense, though storing the hot ash could be argued to be an ultra hazardous activity. Look at cases discussing Negligent or intentional infliction of emotional distress.
Answered on Nov 01st, 2011 at 11:42 AM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Your child does not have a case unless he was physically injured.
Answered on Nov 01st, 2011 at 10:37 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If your son was in the "zone of danger" then it's possible that he met have a claim for his emotional suffering.
Answered on Nov 01st, 2011 at 10:36 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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I do not want to minimize the trauma suffered by your child. However, lawsuit will cost more than potential recovery and could lead to cross-complaint against you and your child for trespassing.
Answered on Nov 01st, 2011 at 10:19 AM