What You Can Do If Your Child Experiences Personal Injury
A Bossier City mother is now claiming negligence after her teenaged daughter was injured at a local trampoline park while at a party with friends. “An employee was there within 15 seconds to assess the situation, monitor the accident that occurred and he did everything that he should have done,” said the manager of the trampoline park. The mother criticized the park on Facebook for how the situation was handled and said that a piece of metal was sticking out of the mat which caused the injury.
The injured teenager’s mother has now hired a lawyer to pursue her claim against the trampoline park. “Her head came into contact with a piece of metal structure that’s between the trampoline and the foam pit,” said the family’s attorney. The attorney also said that, to his knowledge, the metal was covered but not padded very well and was likely the reason for the injury. The trampoline park has disputed that claim, saying that the teen was not following the rules that are posted in front of the foam pit at the time the injury occurred.
If you or a loved one has been injured at someone else’s home or a commercial establishment, the person or entity responsible for the premises could be liable for the damages suffered. This can cover a variety of situations including slip and falls, dog bites, assaults, and many others. The person liable for your damages is the party in control of the property, and they are responsible for the care, maintenance, and inspection of the property.
Factors used to determine whether the owner exercised reasonable care in maintaining the property include:
- the foreseeability of harm to others;
- the magnitude of the risks of injury to others if the property is kept in its current condition;
- the benefit to an individual or to society of maintaining the property in its current condition; and
- the cost and inconvenience of providing adequate protection.
The owner or operator of the property must have notice of the defect or circumstances that caused your injury prior to the injury having occurred. The notice can either be actual notice or implied notice, meaning the owner knew or should have known of the dangerous condition given all of the surrounding facts and circumstances. When the owner actually created the dangerous condition, then notice may be presumed. If a hazard cannot be eliminated, the owner has a duty to warn of the hazards he is aware of or should be aware of.
Louisiana Civil Code article 2315 (A) states, “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” This law establishes the framework for personal injury cases in the state of Louisiana. If you, or someone that you know, have been injured as the result of an accident caused by someone else’s negligence, Tim Fischer Law can protect your rights and seek the compensation that you deserve.
It will be interesting to follow this case to see the outcome of the claim against the trampoline park. The injured teenager is still experiencing blurred vision, headaches and some bruising that will without a doubt cause an undue burden on her family in order to treat and care for her injuries. Injuries cost money, including time away from work, medical bills, and other complications. You should have an attorney help you with your claim. Not sure if you have a good personal injury case? Speak with our experienced personal injury attorneys about the merits of your legal case today!