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child broken arm Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by dkeiner, Jul 9, 2016.

  1. dkeiner

    dkeiner Law Topic Starter Guest

    Jurisdiction:
    Pennsylvania
    My child, who is 8 years old, fell off of a playset and got her arm jammed in the mechanism which caused her arm to break. The elbow was dislocated and the arm broke almost coming out of the skin above the elbow. The Discovery Playset is only for ages 2-5 years old.
     
  2. Highwayman

    Highwayman Well-Known Member

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    Sorry to hear this but I see no question in your post.
     
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  3. dkeiner

    dkeiner New Member

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    Oops I suppose that would help. It's not really a question, but a "What should I do?" By law are they supposed to pay for the medical bills we will be receiving? And also the time off I had to take this week for having to stay home and take care of her. I don't have any vacation time left...
     
  4. cbg

    cbg Super Moderator

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    There isn't any law that automatically makes them liable for the medical bills (and certainly not for the time you took off). Whoever "them" is. Who do you feel is liable and why do you feel that way?
     
  5. dkeiner

    dkeiner New Member

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    You're no help
     
  6. Highwayman

    Highwayman Well-Known Member

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    It's a legitimate question.

    It seems as if you are assuming that every accident is the fault of the appliance/device manufacturer. Why you feel that way I can only guess, but it is certainly not true.

    I'd suggest consulting with en experienced personal injury attorney. You can then find out whether there is anything for you to do or not.
     
  7. Betty3

    Betty3 Super Moderator

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    Agree re running it by an attorney. "They" might question why an 8 yr. old was on a playset made for 2-5 yr. olds.
     
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  8. cbg

    cbg Super Moderator

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    You asked a question, and I answered it. How is that not help?

    Or is it that you didn't get the answer you wanted?

    You provided no frame of references, so I had no way of knowing if you were talking about the manufacturer, or a playground or daycare who allowed your child on the device, or who you meant by "them". But it doesn't matter to the question you asked, since there isn't a law that automatically makes anyone liable right out of the gate for medical bills, or for your lost wages. And that is what you asked.

    Now, depending on who you were referring to and the circumstances of the accident, there may be some liability somewhere. Or there may not. But the answer to the question you asked is, No.
     
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  9. army judge

    army judge Super Moderator

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    The response you received, cbg, seems to be more and more prevalent.

    Yet, we all persist in being truthful.

    I'm debating if I should simply start dispensing a different truth filled with platitudes, untruths, and delusional responses!

    Oops, aren't I already doing just that? LOL

    Happy Sunday, my friend.
     
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  10. dkeiner

    dkeiner New Member

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    This was a mistake. You're just being mean and heartless. Meanwhile my daughter lost her summer due to negligence on the daycare's part. Her elbow was dislocated when it got stuck in the mechanism on the play-set that is make CLEARLY for ages 2-5 typed right on it, and then snapped in half above the elbow, almost sticking out of the skin. Meanwhile the daycare is from infant to 12 years and they give them nothing to play on. And not a call to see how she is doing, no teddy bear, no flowers, no nothing. And it's been over a week. But you keep making your snide comments and enjoy your summer. Happy Monday.
     
  11. dkeiner

    dkeiner New Member

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    Thank you. I'll be seeing one tomorrow.
     
  12. cbg

    cbg Super Moderator

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    It would do you very little good for us to tell you that anyone, be it the manufacturer or the day care provider, is automatically liable for any accident that happens, if it isn't true. Which it isn't. You'd only come up against reality when you tried to enforce the non-existent law.

    As I said, and you seem to have overlooked, that doesn't mean that no one is liable. Whether someone is or not, depends on the facts. But since you seem quite reluctant to share any facts with us, perhaps your best bet is to talk to that lawyer tomorrow. Maybe you'll be willing to give him enough information to actually determine the answer to your question. As it is, all we can do is reiterate what has already been said; there isn't any law, anywhere in the US, that says anyone is automatically liable for any accident that happens, regardless of the facts.
     
  13. ElleMD

    ElleMD Well-Known Member

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    It also matters why she was on the equipment, if her age/size had anything to do with the injury, if the equipment was defective or poorly maintained, if it was just an accident (she slipped on her own) or if someone pushed her, etc.

    What the daycare isn't liable for is a lack of playground equipment you feel they should have, nor are they required to buy her presents. If you were unhappy with the recreation options, don't enroll at that center. She has hardly "lost her summer", and there isn't liability based on a few restricted activities. If you are making it seem like the worst thing ever and referring to her summer as ruined because of a cast, you are only hurting her.
     
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  14. Yagz

    Yagz Guest

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    I find most of them here to be mean and a bunch of know it alls
     
  15. army judge

    army judge Super Moderator

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    You are free to leave as rapidly as you arrived.
    However, if you wish to remain, stop bashing other posters.
    This is your only warning, heed it, or I'll be forced to decide your fate.
     
  16. Yagz

    Yagz Guest

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    decide. I found a site where they are kind and not a bunch of know it all want to be lawyers bahahahhahaa
     
  17. KatDini

    KatDini Well-Known Member

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    "I found somewhere that the people there will tell me what I want to hear!" :rolleyes:
     

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