Determining Liability in Premises Injury Cases

by | Oct 15, 2020 | Law and legal

A young boy at an elementary school in Vermont was playing during recess when he wandered off into an area where an old playground was being torn down. There were lot of jagged edged and dangerous holes – it was basically a construction site in the process of being dismantled. There were no signs warning the second grader from going to that area, and no warning from teachers or schoolyard supervisors. Nothing was blocking his approach. Running during a game of tag, he broached the area, caught his foot in a hole, twisted his ankle and fell.

When his mother was called, she brought him to a doctor who discovered that not only had he badly twisted his ankle, but he had broken bones in his leg that were in need of a cast. His mother wondered if she could sue the school claiming premise liability, since her son, who was seven years old, was not adequately warned of the dangers of approaching the former playground site.

In apocryphal cases such as this, it is clear that there may be at least two liable parties, and a personal injury lawyer in Burlington, VT would likely take the case. The seven year old boy is not liable given the fact that he is under the direction and care of the school, which provided no safety measures to prevent injury on the dangerous site. Moreover, a personal injury lawyer might also discover reason just on the basis of the testimony that the construction company is also liable for leaving the site in a state of disarray.

Often people who suffer injuries like this one do not pursue legal recourse because they are not sure what the law entails, and do not consult with a personal injury lawyer. Burlington, VT lawyers often offer free consultations, and would be able to investigate further and provide information as to whether or not it would be worth it for the mother in this case to pursue liability on the basis of a premises liability claim.

In cases such as this it is important to obtain full treatment for injuries and to follow the doctor’s advice. Complications could arise from the injury, and if doctor’s orders are not followed, liability in that case could trace back to you. It is also important to document as much information as you can, refuse conversations with insurance companies and others, and contact a personal injury lawyer in Burlington, VT as soon as you can in order to discover what kind of rights you have in the case.

Personal injury lawyer Burlington VT – The Law Offices of David Lynch provides aggressive legal representation for his clients in a full range of personal injury claims in Burlington VT. Get in touch with them.

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