Visitor Question

Boy gets laceration from homemade ride, will have permanent scar…

Submitted By: Nina (SanJuan, Texas)

My son got a big laceration to his leg on a homemade ride at a party hall. We were at a party that took place in a party hall out in a ranch. It had a playground for kids with many rides, but I believe they were homemade rides like a magaround.

My son was sitting down and there were about 15 to 20 kids on it and about three pushing it, when my nephew came running to my husband saying that my son was bleeding. He said he was sitting down and one small wheel attached to the ride to help move it caught his leg and ripped a chunk of his leg.

We then rushed him to the hospital that was located about 20 to 30 minutes away. They treated him for his laceration with 22 staples. Is there something we can do? Can we sue the property owners for his injury? He is going to be scared for life and is in a lot of pain. He’s also very upset cause he can’t do much.

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 Nina,

You may not have to sue the property owners. Instead you may be able to settle your son’s injury claim through a negotiation with the property owner’s insurance company.

Hopefully the property owner carried insurance. If the “party hall” was located on a residential property the homeowner probably has homeowners insurance coverage. Unfortunately, unless the homeowners insurance company was aware the premises was being used for commercial activities, and issued a “rider” covering commercial activities, you may have to pursue the homeowner’s personal assets.

Your son’s injuries appear quite serious. Some injury claims can be handled without the advice and counsel of an attorney. Serious injuries, like your son’s, require legal representation.

Most personal injury attorneys do not charge for initial office consultations. Gather your son’s medical records, copies of receipts for medications, bandages, etc., and other bills related to his injury and seek out the counsel of several personal injury attorneys. You’ll be glad you did.

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: June 25, 2013

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