Do I have a personal injury claim if my son was cut by glass in an apartment? 17 Answers as of February 21, 2012My son was cut on his right index finger when he and other children noticed large pieces of broken glass in an unenclosed dumpster area with no sign postage. He received 7 stitches. This was in a condo complex where each owner pays approx. $210 each for the maintenance crew. They failed to enclose, post signs, or clean the glass that had been there for approx one week. I think it was from some broken TV sets that were place their earlier. This has been an ongoing problem with kids playing in or around the dumpster, but no action on management has been taken.
Howard W. Collins, Attorney at Law | Howard W. Collins
I would have to know more about the dump area. My gut reaction is that your son does not have an action unless the owner of the property had been notified of the pre existing dangerous condition. Even then, if you knew about it, why was your son at the dump area? If your son saw broken glass, why was he handling it? It is that type of question that attempts to shift the blame to your son that will make this type of case very difficult to prove.
Answer Applies to: Oregon
Allegretti & Associates | James L. Allegretti
The real question here is how old is your son. Is he old enough to appreciate the danger posed by handling broken glass? If so, then probably no case because of contributory negligence. The other issue is the amount of damages. The case is very small from a lawyers point of view and the economics probably do not warrant opening a file.
Answer Applies to: Illinois
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, there is a possibility that he could collect, but it's unlikely that many personal injury lawyers will take such a case because of the minimal level of injury involved. Speak to a few PI lawyers and see what they tell you. That's the best way to tell. Good luck.
Answer Applies to: New York
Michael Anthony Wing, P.C. | Michael Anthony Wing
Potentially. Once a landowner has notice of a hazard, it has the duty to repair, and if not able to repair then to warn. You may be able to argue, based on prior complaints, that the land owner should have secured the area. Stay well.
Answer Applies to: Alabama
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Not aware that dumpsters are supposed to be enclosed or signage posted. If the problem becomes an attractive nuisance (legal term) then action can be taken. But a cut finger? How far can you expect to go with that?
Answer Applies to: North Carolina
David F. Stoddard | David F. Stoddard
It is possible, but the damages are so small, that it may be difficult to find and attorney to take the case. There are arguments on both sides as to whether the complex is liable. The complex would likely argue that it had no notice that the glass was there ( you may have evidence to contradict this). You could argue that they have a duty to inspect the premises and should have known about the glass. If there were complaints that children have been playing in the area and it needed to be enclosed, that is an additional argument. The problem is, if you win, you get the child's medical bill paid, and whatever his pain and suffering is worth to a jury, which can't be much. It sounds about like a $2,000.00 case, or less, unless you can get punitive damage. That is an unfortunate aspect of personal injury law. Sometimes and case that would normally deserve liability and damages can't be brought because it is not economically feasible.
Answer Applies to: South Carolina
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Any conduct that falls below the standard of reasonable care imposed upon all of us in our communities, can give rise to a cause of action. If the apartment owner acted unreasonably in failing to protect residents from a hazard (which is possible given the facts you have outlined), you have a claim. If your son is very young, his own fault in handling broken glass may be irrelevant under the law. Most personal injury lawyers do not charge for an initial consultation. Speaking with a lawyer in your area would give you an opportunity to determine whether the specific facts of your incident are sufficient to warrant pursuit of a claim. Good luck.
Answer Applies to: Florida
Rothstein Law PLLC | Eric Rothstein
Why did your son touch the broken glass if he saw it? 7 stitches is not a large injury alone. Is the permanent scaring or nerve damage? I am a former federal and state prosecutor and now handle personal injury cases so feel free to check out my web site and contact me to discuss the case.
Answer Applies to: New York