Do I have a personal injury claim if my son was cut by glass in an apartment? 17 Answers as of February 21, 2012

My 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.

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
There is a case here. There should have been signs or the dumpster protected from entry except for garbage people and custodial staff.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
If the child was below 8 years and deemed not capable of contributory negligence you could have a case. Otherwise the claim will be lack of supervision for a known problem.
Answer Applies to: Virginia
Replied: 5/17/2011
Howard W. Collins, Attorney at Law
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
Replied: 5/16/2011
Allegretti & Associates
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
Replied: 5/13/2011
Richard E. Lewis, P.S.
Richard E. Lewis, P.S. | Richard Eugene Lewis
How old is your son? Was someone supposed to be watching or supervising him?
Answer Applies to: Washington
Replied: 5/13/2011
    Theodore W. Robinson, P.C.
    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
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    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
    Replied: 5/13/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    This depends a good deal on the age of the child and how the incident happened. Contributory negligence is an issue here because glass is a known danger. I would consult an injury lawyer in your area.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Paul Whitfield and Associates P.A.
    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
    Replied: 5/13/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    If the dumpster is on private property and your child was lawfully present then it may be actionable against the owner of the property. You should review your son's rights with a personal injury lawyer.
    Answer Applies to: Illinois
    Replied: 5/13/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    It is a difficult claim but depending on the facts you can develop that you may be successful in front of a jury. You should discuss with a personal injury lawyer not afraid of difficult cases.
    Answer Applies to: Delaware
    Replied: 5/13/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You might be able to recover the cost of your son's medical care. But unless hour son has permanent injuries, you are unlikely to recover much more than the medical expenses.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. We would need more info but call personal injury attorney.
    Answer Applies to: Florida
    Replied: 5/12/2011
    David F. Stoddard
    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
    Replied: 5/12/2011
    Ewusiak & Roberts, P.A.
    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
    Replied: 2/21/2012
    Rothstein Law PLLC
    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
    Replied: 5/12/2011
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