Do I have a personal injury claim if my son was cut by glass in an apartment? How? 6 Answers as of September 14, 2015

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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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Where were you? Maybe yes, and probably no.
Answer Applies to: Michigan
Replied: 9/14/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
You would have show negligence on behalf of the condo association. Your son was negligent as well for playing in the with glass in a dumpster? You could also be negligent for not supervise your son (what age is he) The court will weight who was more at fault?
Answer Applies to: Utah
Replied: 9/14/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Your claim would be based on negligence, which could be defined as the failure to use reasonable care. You would have to prove that the management knew or should have known of the hazard, and that they had a reasonable time within which to cure the problem.
Answer Applies to: California
Replied: 9/14/2015
Law Offices of George H. Shers | George H. Shers
You do not really provide enough information to determine if your son has a cause of action; you certainly do not personally have one as you did not see the accident. Was the glass inside the dumpster; if so, there probably is no cause of action as your son should not have gone into the dumpster [depending upon the state you are in, below a certain age a plaintiff can not be found liable for comparative negligence so as to reduce the amount of recovery, but you still must establish that the defendant was negligent]. If the glass was inside the dumpster, I would assume garbage pick up is only once per week so the glass being there for less than a week is not negligence.Merely because the dumpster was not in an enclosed area does not establish negligence as those areas normally are left unlocked so tenants can use the dumpster. Your child probably knew he should not be playing there [so you might be negligent yourself] and the lack of a sign saying he should not be there probably was not a cause of the injury as he would of ignored it. You do not indicate whether there is any scarring, the amount of medical bills, etc. It sounds like a very weak case that few attorneys would be willing to take on except to charge you on an hourly rate for a demand letter. If you have medical insurance that covered the bills and there are no permanent injuries, it does not appear you have a worthwhile case. You can make a demand for reimbursement against the HOA but don't expect them to pay anything.
Answer Applies to: California
Replied: 9/14/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Your son might possibly have a claim, depending on his age and maturity, but I'm wondering if the injuries are severe enough to warrant the cost of pursuing a claim. Consider consulting an experienced injury lawyer. Good luck.
Answer Applies to: Alabama
Replied: 9/14/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Does your son have a scar as a result of the incident, and have you been in contact with anyone from the maintenance company that is responsible?
    Answer Applies to: Illinois
    Replied: 9/14/2015
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