Can we sue a property if my child was injured? 15 Answers as of November 07, 2011
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.Free Case Evaluation by a Local Lawyer!
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Lombardi Law Firm | Steve Lombardi
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.
Answer Applies to: Iowa
Replied: 11/7/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Normally, absent some physical manifestation of injury and a medical diagnosis, damages for emotional distress are not available.
Answer Applies to: Washington
Replied: 11/1/2011
David F. Stoddard | David F. Stoddard
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.
Answer Applies to: South Carolina
Replied: 11/1/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If you child needs counseling you should seek it out. Without medical documentation, the claim will not be taken seriously.
Answer Applies to: Montana
Replied: 11/1/2011
The Margolis Firm | Charles J. Candiano
You can't be serious. Your son knowingly broke into private property where he knew he didn't belong, then went into a building where he didn't belong and now he wants to sue the property owner for psychological trauma because his fellow trespasser was injured, all because the property owner posted no sign that "there may be danger to trespassers?". I think your son may have a right to a free psych evaluation while in juvenile detention or probation. Ask the judge at the CHINS hearing.
Answer Applies to: Illinois
Replied: 11/1/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
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".
Answer Applies to: North Carolina
Replied: 11/1/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Contact the other child's lawyer/firm to see if your child and you may be joined as a party/plaintiff in that lawsuit.
Answer Applies to: Indiana
Replied: 11/1/2011
McKell Christiansen | Michael McKell
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.
Answer Applies to: Utah
Replied: 11/1/2011
Andrew T. Velonis, P.C. | Andrew Velonis
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.
Answer Applies to: New York
Replied: 11/1/2011
Kelaher Law Offices, P.A. | James P Kelaher
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?
Answer Applies to: Florida
Replied: 11/1/2011
Aaronson Law Firm | Michael Aaronson
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.
Answer Applies to: Texas
Replied: 11/1/2011
Fairlie & Lippy, P.C. | Steven Fairlie
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.
Answer Applies to: Pennsylvania
Replied: 11/1/2011
Law Office of Jared Altman | Jared Altman
If your son was in the "zone of danger" then it's possible that he met have a claim for his emotional suffering.
Answer Applies to: New York
Replied: 11/1/2011
Paris Blank LLP | Irving M Blank
Your child does not have a case unless he was physically injured.
Answer Applies to: Virginia
Replied: 11/1/2011
Law Offices of Steven A. Fink | Steven Alan Fink
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.
Answer Applies to: California
Replied: 11/1/2011
