Visitor Question

Boy Loses Finger in Basketball Goal…

Submitted By: Anonymous (USA)

My 6yr old son was on top of a basketball goal that the housing complex I live in recently assembled for the children living there. One of the children cranked the lever to raise the goal and my son’s fingers were severed from the bar that raises the goal up and down.

He was rushed to local hospital and life-flighted to the nearest pediatric hospital where he underwent emergency surgery. Part of his right middle finger was amputated and a bar was placed in his ring finger. We do not know yet if this finger will be alive or if we will have to amputate this one as well.

He has been unable to attend school, and therefore I have been unable to work. Does the apartment complex have any liability for my son’s injuries and medical bills? How about the maker of the basketball goal? IS there anything we can do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Yes, the apartment complex is liable for your son’s injuries and resulting medical costs.

The problem you may face is the contributory negligence of your son.

Although we are unable to see the basketball goal you are speaking of, common sense tell us any reasonable person would know the basketball goal is not meant to be sat on, especially because most basketball goals, or “hoops” are raised to ten feet above the ground.

If the apartment complex left a ladder or some other type of tool out on the basketball court which would have enabled your son to climb up on, the liability of the apartment complex increases.

Your son’s claim should be against the apartment management and the owners of the property as well.

Some personal injury cases can be handled without the need of a personal injury attorney, and some cry out for one.

Your son’s case requires the assistance of a qualified personal injury attorney.

Be sure until such time as you speak with several attorneys you or your son do not speak with any representative of the apartment management, ownership, or their insurance representatives.

The law says they don’t have to identify themselves and as result there shouldn’t be any “loose talk” by you, your son, or anyone else on your side.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 11, 2012

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