My five year old son was at his friend's house playing. He and his friend were playing in a tool shed which had a lawn mower and some other power tools as well as a gasoline can. It seems like my son's friend found some matches and some of the gas from the tools caught … Continue reading Playing With Fire
Category: negligent supervision
My granddaughter was injured on playground monkey bars. She fell off the bars onto asphalt. She broke her leg. Does she have a claim? Your granddaughter might have a claim. There are two possible theories of recovery. One claim could be for the hard surface under the monkey bars. A second theory of recovery is … Continue reading Defective Playgrounds
I was injured in a sporting goods store. Two employees were throwing a football in the aisles. The employee who caught the ball, ran into me, knocking me over, causing a torn ligament in my knee. Can I sue the store for their employees conduct? Over the last four posts, we have discussed one person … Continue reading Store Owner Responsibility for Negligent Retention
My daughter was injured at school. Another girl (who is also a minor) in her class beat up my daughter. I want to sue the parents of the girl that injured my daughter for raising such a violent girl. Do I have a claim? In the two prior posts, there has been a discussion of … Continue reading Responsibility for Acts of Minors
A recent Court of Appeals touches on an issue present in two prior posts: one post was on injuries at school, and a second post dealt with exculpatory clauses. The legal issue is Assumption of Risk. The Assumption of Risk rule announced in 1929 by legendary Judge Cardozo of the Court of Appeals states: "one … Continue reading Assumption of Risk
under New York law, waivers signed at amusement facilities are not valid
My daughter was injured playing softball at school. She broke her ankle and needed a rod and pins inserted in her leg to repair it. Can she sue the school? Injuries incurred while engaging in recreational activities may lead to a successful claim against the school. But while playing any sport, every participant assumes that … Continue reading Injuries at School
My daughter came home from school complaining of an injury to her shoulder that she said another girl at school gave her. Can I sue the school? There are many issues this type of case brings up. Rather than highlight what is unknown, I will attempt to outline the various claims a student could bring. … Continue reading Negligent Supervision