Can I sue my daughters school for an injury in a construction zone? 30 Answers as of June 26, 2013

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?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Sure, it's called the "attractive nuisance doctrine." Kids will be kids. These are tougher cases, but they're possible. If stitches are her only injuries, then it may not be worth it to go forward. If she had other injuries, missed school, you missed work, etc, then you may have sufficient "damages" to make it a viable case.
Answer Applies to: Missouri
Replied: 8/1/2011
David Hoines Law
David Hoines Law | David Hoines
maybe need more information
Answer Applies to: Florida
Replied: 8/1/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
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.
Answer Applies to: South Carolina
Replied: 7/28/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
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.
Answer Applies to: North Carolina
Replied: 7/27/2011
Coulter's Law
Coulter's Law | Coulter K. Richardson
I would not recommend doing anything right now. Since your daughter is under 21, she has lots of time to see if she is actually permanently injured. In all likelihood she will recover just fine. Furthermore, you have serious flaws in your case, which is that the area was protected and notwithstanding the fencing, your daughter ignored the obvious obstacle(s) and trespassed. The duty that a defendant owes to trespassers is greatly reduced. Imagine it from the other point of view. Imagine you had a pool and a fence to protect the pool. What if someone climbed your fence and drowned in your pool? To took pains to restrict access and yet no restriction will prevent every determined person. At some point you have to draw the line. You have a lot of time to think about it, so focus on healing your daughter.
Answer Applies to: New Jersey
Replied: 7/27/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    You can sue anyone for anything. The question is whether or not it is frivolous and whether it is worthwhile to pursue. The school or the construction company obviously knew that there would be children playing in the area. Arguably, the construction site may have been an attractive nuisance such that they should have used better safeguards to prevent this kind of accident. You may want to discuss this with an attorney. However, I can tell you that it is not a case that I would take and I suspect that will be the response you get from most attorneys. You might also consider asking the school or construction company if their insurance is willing to cover the medical bills. If they say no, I doubt it is worth pursuing any further.
    Answer Applies to: Pennsylvania
    Replied: 7/27/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Possibily. Yo need to call a personal injury attorney
    Answer Applies to: Florida
    Replied: 7/27/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    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!
    Answer Applies to: New York
    Replied: 7/27/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You would need to show that the signs were inadequate or that the supervision was lacking. This is tough case unless the signage warning of the construction site was lacking.
    Answer Applies to: Pennsylvania
    Replied: 7/27/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    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.
    Answer Applies to: Massachusetts
    Replied: 7/27/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    Yes. This case would fall under the attractive nuisance doctrine. How old is your child? You should contact an attorney to discuss the specific facts of your case.
    Answer Applies to: California
    Replied: 7/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There may be a negligent supervision claim.
    Answer Applies to: Connecticut
    Replied: 7/26/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    That's a tough one. It depends on a lot of factors including her age, whether the hazard was likely to attract children, whether reasonable steps were taken to prevent children from doing what you daughter did, and other specifics not revealed in your question. I suggest you talk to a lawyer in your area who can discuss all the details with you and then determine whether it's worth pursuing a claim.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Retain and/or copnsult with an accident or personal injury attorney who represents the plaintiff.
    Answer Applies to: Indiana
    Replied: 7/26/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    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.
    Answer Applies to: California
    Replied: 7/26/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | 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.
    Answer Applies to: Tennessee
    Replied: 7/26/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    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.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Usually trespassers are not entitled to recover. However, this may depend on your daughter's age. I would imagine any potential claim would be against the construction company and not the school.
    Answer Applies to: Alabama
    Replied: 7/26/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    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.
    Answer Applies to: California
    Replied: 7/26/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    You certainly would have a legal right to bring a claim. However, keep in mind that the school will argue either "assumption of the risk" or "comparative fault". These are legal doctrines which, in this case, mean "she wouldn't have been hurt but for the fact she was in an area she knew or should have known was not allowed". The result, if the defense is successful, is that her claim may be reduce in whole or in part. To what extent, and to what degree, I don't know without additional facts. It is fair to say, though, these will be critical and key components to any claim you bring. Again, you have the right to bring a claim, but know these defenses will be argued and may impact your daughter's likelihood and degree of success.
    Answer Applies to: Colorado
    Replied: 7/27/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Please note that one can sue anyone for anything, the key is what did the school do wrong and what did your daughter do wrong, and was the school negligent as to the condition that caused the resulting injuries. The fact that your daughter got hurt does not stand alone. If you wish to proceed you should go over the facts with a lawyer.
    Answer Applies to: New York
    Replied: 7/27/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 7/26/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    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.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    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.
    Answer Applies to: Louisiana
    Replied: 7/26/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    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.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    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.
    Answer Applies to: Florida
    Replied: 7/26/2011
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