Grandma injured in fall in school parking lot...

by Milton
(Lakeside, CA)

While dropping her granddaughter off at school, Grandma J was walking in the school parking lot. A car pulled up, blocking the walkway. Grandma J. walked around the car and tripped, falling into the bushes and hurt her left hand.

Someone took her name and number and gave her an ice pack, but no incident report was completed and no follow-up. Who is liable and what should Grandma J. do next? Does she have to file a lawsuit against the school? Thank you for any information you can provide.

Visitor Question:
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ANSWER for "Grandma injured in fall in school parking lot...":

Milton (Lakeside, CA):

Unless Grandma J sustained a relatively serious injury which required medical care at a hospital emergency room, clinic, or physician's office, there are no grounds for filing a lawsuit. Moreover, unless the injury required medical treatment, and negligence exists, Grandma J will likely not be able to find an attorney to accept her case.

From the facts you present, the school does not appear to have been negligent, and as a result has no liability for Grandma J's injury. However, there may be further information which may affect her injury claim. If she did receive medical treatment, it would be best to review the specific facts with a local attorney.

While someone took Grandma J's name and telephone number and gave her an ice-pack, that person appears to have acted out of courtesy. While it might have been a good idea for the school to have created an incident report, inasmuch as the school had no liability for the accident or Grandma J's injury, the omission was non-consequential.

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

Best of luck,

Judge Calisi

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