Visitor Question

Broke leg in unmarked pole vault hole on school property….

Submitted By: Anonymous (WI)

I fell into an unmarked pole vault hole on school property in Wisconsin (WI). My leg was broken and requires surgery. Does the school have a responsibility to mark these holes? Do I have a case?

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,

You ask if a school has liability for the injuries you sustained while on their propety.

Although we are not encouraging or discouraging you to seek legal advice about the school’s liability for your injuries, we want to bring to your attention a few factors which may affect the school’s liability…

1. If you are a student the school’s insurance company will say you should have known the pole vault “Pit” existed.

2. If you are a student and played a sport which took place on the track which encircles the Pit, the insurance company will again impute your knowledge of the danger.

3. If you were out at, or close to the Pit when you fell, and knew the Pit existed.

4. If it was after school hours and you were on school property without permission

5. If you were intoxicated.

On the other hand, your case would be strengthened if…

1. You were invited onto the property and didn’t know the Pit existed.

2. Knew the Pit existed but the Pit was supposed to be covered and it wasn’t.

3. You were invited onto the property at night and there wasn’t sufficient light shining on the Pit area.

4. You were invited onto the property and were pushed into the Pit.

After reviewing these factors if you have any questions, it’s important for you to contact a skilled Personal Injury Attorney. Most will not charge you for an initial office consultation.

The Attorney will review these factors and more. You will at least have a better idea of your legal options.

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: August 25, 2011

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