Son Fell and Broke His arm...is City Responsible?

I agree with the poster who says to get an attorney. The biggest reason in my view is so that they do their job and get rid of the stumps so that this doesn't happen to someone else. Without the threat of lawsuits, this kind of thing would happen all the time.

I suggest you call the city and ask them what you need to do to get this bill covered. This way they'll have a chance to talk with you about the stumps. They should have gotten this done months ago.

I can not answer this with out going off.

Lesson: Responisbility..

A sue and teach your child you can blame your actions on others- ie not taking any responsibility for own actions.

B Do not sue, do advise the city, of the accident in lieu of prevention for somone else. and show your child how repsonsibility is taken for one actions.

I would not sue ... I would teach my child responsibility, and that accidents happen.

No, the city is not responsible. You don't play football where there are tree roots sticking out of the ground.

The city took the trees out as a service to the residents that doesn't mean they are responsible for something they did not plant in the first place. The sidewalk is maintained by the city on easement but that is still your neighbor's property. Plus the roots were visible, your son just forgot they were there.
____________________
So wait, he didn't forget? He knew the stump was there and tripped over it? Yeah, then there is no ambiguity, he is 100% at fault. He tried to maneuver around a known danger and failed. It is an accident. Teach your son to respect known dangers and avoid them, don't try to make it someone else's fault by blaming the city.

That is like saying I saw the car coming but thought I could beat it, so I ran across the street, as a reason it is the drivers fault they hit you.

____________________________
After reading your what happened. How is it the city's fault that your neighbors didn't mow their lawn, how is it their fault your son has sight problems yet was running and playing football?

Why can't you understand it was an accident. You do want money, you want the city to pay for medical bills that you are responsible for. You want your neighbors to pay via taxes for your son being irresponsible. He was irresponsible, he knew there were stumps, he knew basically where they were, and he knew he had vision issues that he may not see them if he was preoccupied playing football. How is any of that the city's fault?

If he were just walking he would have had time to react, he wasn't walking, he wasn't on the sidewalk, the city is not responsible.

Nope. Your son and his friends chose to play football on a place that wasn't sanctioned for playing football. They chose to play in a place that they didn't fully check to ensure that there was nothing to trip over.

It's not the city's responsibility to watch where we step. Chalk it up as a lesson learned and move on.

ETA: Okay, you threw this in as if it should change our minds because we should be too PC to address it.

Sorry, I'm not PC.

You said, "The stump is not easy to see as grass is grown up around it and definitely not easy to see for my child who is legally blind in one eye that can't be corrected with glasses (his optic nerve never fully developed) and has poor eyesight out of his other eye"

Uhm, your son isn't too blind to PLAY FOOTBALL, so he's not too blind to watch out for the stumps that you already said were big enough to be from trees that were buckling the dang sidewalks.

No, it wouldn't be different if they weren't playing. If someone trips, falls and injures themselves because they weren't paying attention to where they were going, it's an accident caused by their choices. The city shouldn't have to caution tape every stump because one partially vision impaired kid playing football (!) might be so intent on the game that he's not paying attention to where he's running. Teach your son to pay closer attention to his surroundings. Keep football in the yard, not across the sidewalks.

Was it the city's fault your child was playing in an area that was not designated for football? Is this property actually city property or your neighbor's property?

Why is it the fault of the city or neighbor that your child tripped on a stump?

Personal responsibility comes into play here. Accidents happen. You act responsibly and take care of it. Teach your children to own up to responsibility as well. Play football and rough house in a designated area that is safe.

So many people (NOT saying you are... you simply posed the question) are out for an extra buck because they broke an arm, stubbed a toe, etc and that is so unethical.

We had (note HAD) a neighbor years back who had a little much to drink and went on to say how she earned about $50,000 a year in her little lawsuits which were : slip and fall in restaurant, grocery, homeowners home, etc.

Needless to say, when we heard her say that, we knew it was a matter of time before we got sued for something. No one had anything to do with that family again because it was not worth our personal financial risk. It took them about 2 years but they moved.

I hope your son heals quickly.

Chalk this up to experience. Be more careful at play and move on.

I don't think so.
Kids are suppose to play in areas that are safe to play in and yards aren't always ideal.
Years ago where I grew up all the back yard on the block met up in the middle and formed a large field which was perfect to play in.
We played football, baseball, you name it.
Kids would just bring out equipment, put a few old pillows out for bases and a game would start up.
One time a neighbor boy (he was 14 I think at the time) was sliding into home base.
When he slid, no one realized a boundary marker (metal spike in the ground) was right on the base line.
He opened up a slash in his leg (from ankle to knee) that took over 100 stitches to close up again.
It wasn't anyone's fault.
We'd all played there for YEARS and no one ever got hurt before.
The neighbors capped it with plastic then took a sledge hammer and drove the spike in till it was beneath the soil by 6 inches.
A metal detector could find it but no one else got hurt on it again.
Kids sometimes have accidents, break bones and get stitches.
I wouldn't sue over this.

I would chalk this up to an accident and move on. Tell the boys to play somewhere else. If the neighborhood has a problem with the city's trees and sidewalks, then it needs to approach the city about getting that fixed.

Sometimes implying that you will sue will ruin a friendship. One our acquaintances from church babysat for us. She tripped over her own feet on the way out the door. She asked about our homeowner's policy and while we were prepared to pay if she was injured, I was also aghast that she would immediately think of it. She fully admits she's a klutz. So now she is OFF our babysitting list and I don't suggest her daughter as a sitter anymore, either. Not worth the potential headache.

So, yes, own up to responsibility but also teach the kids to use their heads and understand when an accident is just an accident. Move on.

ETA: I do not recall you saying ANYTHING about the grass or his eye the first go round. Not that I think it's still worth calling the city about his arm, but those are important facts. If your child is blind, and the grass is high, maybe you/he should scope out for obstacles before he plays there. Or encourage his friends to look out for him.

The city isn't going to pay you a dime. Your son tripped and fell and broke his arm NOT because the city was negligent... there are stumps all over the place. Stumps are a fact of life. He tripped and fell and broke his arm because he was playing football and didn't see the tree stump which is his own fault. You can't blame the city for that. You can't sue the city for that. I mean, you can but the chances of winning are slim, and I honestly believe it would be such a huge waste of city resources to have to even talk to a lawyer, file documents, etc. that it would be embarrassing.

Just because the city hires someone to cut down trees, whether on private property or on city property, that doesn't mean that they're required to "grind it down." The city may very well consider the job done. I know I would and do. Tree stumps aren't hazards. The hazard was removed... the trees. The stump was, as you said, NEXT TO the sidewalk. Had you said in the middle of the sidewalk or on the street or in the middle of the football field... maybe then I would encourage you to waste your own and city resources.

EDIT: Your son's poor vision and play situation is the reason he fell and broke his arm, it sounds like. I'm sorry but I still don't think you can blame the city. I still think they DID finish the job. Cities are not required to grind down stumps when they cut down trees. Children aren't supposed to play football on the edges of sidewalks but in open areas.

Would I call and make the city fix the problem? Yes, I would. Would I sue? No, I wouldn't. One of the things that is wrong with our country, if you ask me.

Do you know the time frame in which the city was supposed to take care of the stumps? Do you know for a FACT, that the city was supposed to do this? We had tree root problems in our sidewalks here. The city was to take care of them when the person called and scheduled them to. (Oh, and the sidewalks are city property.) Do you know that wasn't the case? This is PRIVATE property, not city property. I simply can't see how the city is required to take care of the stumps. You really need to fact check, this. I think they are likely wrong. The city "supposed" to be coming back, was probably a COURTESY, not a mandated and ordered job.

In any case, I think it's sad you want to sue before you have the facts. I wouldn't sue, either way.

Technically, yes, you could sue (see my response to any other questions about "can they sue me for this?"). Should you? That is another issue.

I would say, no. Why? Because if it was sticking up 12 inches, then it was a visible known hazard. His fault all the way.
And even if he didn't see IT because the grass was overgrown around it, he could see the grass and that he couldn't tell what was there. It is apparently common knowledge that these roots/stumps are all over... so it is a known hazard. He wasn't walking on a sidewalk (the designated walking area)... he was playing a sport in an area that sounds like isn't a city park designated for such activity.

The fact that he can't see well is of no consequence to the city's responsibility. I am sorry he got hurt, and that he has reduced vision. But I do not think it is something that should be sued over.

My understanding - and I could be totally wrong - is that if the city has already been notified that the trees are causing problems and they haven't fixed it, they can be liable in case of an injury. I know this is true of potholes in the street damaging cars, but I don't know for sure if it translates to sidewalks and personal injury as well.

I would consult with a local lawyer and see if it's worth suing. And I applaud you for NOT trying to milk the city for extra money and just getting the medical bills covered.

this is a reasonable question and I am glad you are asking it because you DO need to know. here is why. With all of the BS going on with insurance companies, the insurance company might ask and persue compensation from the city. Not joking. My daughter 2 years ago feel playing soccer. At AYSO practice. When we went to the dr. we said she was playing soccer and fell. (TRUE STORY). I received a letter from our insurance company asking for more information because another party my be liable. Uh What???? because it was at soccer practice and AYSO is required to have insurance they were trying to see if AYSO could be held liable. Board members from AYSO even asked if I needed their insurance info in case we did not have any. I had a conversation with the insurance company and it was determined they would cover the incident (according to my coverage) and would not persue anything with AYSO. So the city could be liable. It really sounds like a possibility. And if the city IS liable your insurance may decide not to cover it. So you need to know. Isn't all this stuff fun?!?! Speedy recovery to your son! (yeah tell him to be careful blah blah. One year and twenty days later said daughter fell off the monkey bars at school and broke the other arm. no one call cps on me. I wasn't even WITH her either time! kids get hurt. it happens. thankful for insurance!)

Answering strictly regarding the stump: It really depends. In our city, while the parking strip may be the 'property' of the city, it is the responsibility of the homeowner to maintain it in a safe and reasonable fashion.

For example, my girlfriend lives near our neighborhood traffic circle, where two very busy streets all join up. The tree in front of her house fell into the street while she was out of town. The city came and removed the tree to enable traffic to flow freely, but removing the stump entirely --and paying for it-- was her job. Likewise, if I had hazards out in my parking strip and someone had an accident, likely we as the property owners would be sued, not the city. If it wasn't a parking strip, then that could be something else entirely.

Well I suppose it doesn't hurt to ask the city and see what they say. But I imagine they are not going to be willing to reimburse you. There are just too many variables. First, everyone THINKS the city was supposed to come back and grind down the stump. I won't be shocked to learn it was the home owner's responsibility.

Then there is the issue of not seeing the stump. Again, it would be the homeowners job to keep the yard landscaped and edged. Next to the sidewalk doesn't necessarily mean it belongs to the city. If that was maintained properly, then the stump would be even more visable.

Thirdly, it was a known nuisance. You said yourself the trees came down months ago.

Your son has compromised vision. So it would on him or whoever is responsible for him at the time, to check the play area. He has to be more wary of his surroundings, because of his disability

If the stump was ground down, it's still a possibility he could have tripped over it. I think this is just one of those unfortunate incidents that just has to be chalked up to an accident.

How old is your son?
Is he uninsured?

I would not persue that.

I absolutely do not think you should sue the city. I am incredulous that you would even consider it. I tripped over an uneven sidewalk caused by tree roots just the other day. No, I will not be suing the city.

Your son was injured due to an accident. Take responsibility for it. Teach your son to be careful and pay attention and perhaps play ball in a safer area.

My son broke his leg at my gym's childcare and while it probably could have been avoided, I most certainly did not sue them, although many people asked if I would. I think that society is far too quick to blame everyone and everything and not realize that life happens and everyone should be a little more compassionate and take responsibility for themselves.

Hoping your son heals quickly and that you all come away from this experience with more, not less, integrity. Good luck to your family.

No, it's not the city's fault, especially if the stumps are on private property. You might as well say it's the builder's fault for planting the trees in the first place. Or it was your neighbors' fault for giving your son a ball and allowing him to play catch.

I wouldn't sue, but that's just me, even if we didn't have insurance. Its my kid, his accident, my responsibility. Even if he got hurt at a friends house, I would never imagine asking or suing them for damages.

No. I am thinking playing football in front by the sidewalk was not a great idea. Personal responsibility. Why did they not go to the park or backyard.
Chalk it up to an accident because that is what it is. By trying to sue, you are sending wrong message to your son. s--- happens. That's life.

Your 2nd paragraph, 2nd sentence answers your own question.

I work in the legal field and I would suggest that you consult with a personal injury attorney. Could be that the city is not 100% responsible as your son does owe himself a duty of care and the stump was tall enough for him to have seen it and avoided it , had he been exercising reasonable caution. I'm not putting your son down, but these are terms that are used in the context of personal injury matters. People do owe themselves a duty of care. BUT, the city knew that the stumps were there and a reasonable person who know that having stumps sticking out of the ground can be dangerous, so they may be say 50 - 75% liable.

File a claim with the city - can't hurt. All they can do is say no,. and consult an attorney. Personal Injury usually comes with a free consult.

Good luck to your son.

I am anti-lawsuit, too, but after reading your post I do think you should follow-up. You should at least get medical bills paid.

Cities have lawyers on staff. You don't. Is it really worth it to hire a lawyer and pay attorney and court fees? Only if you are certain you can win, and win enough to cover both the legal expenses and the medical expenses, or get them to settle without going to court, which is even better. A lawyer should be able to tell you this in a quick initial consultation (which you will, of course, need to pay for). Also be sure you know before you start exactly what this is going to cost you, both in terms of time and money. If the attorney's fees are likely to be as much or more than the medical bills, what's the point?

Perhaps a better course of action would be to call the mayor's office, find out which official has direct responsibility for the stump problem, and then demand that it be fixed. Now. Put your request in writing, and send it with a return receipt. Be sure to include that the city cut the trees without giving property owners an option, that the city promised to take care of the stumps, that the city did not honor its promise, and that now you've had a serious injury occur as a result. Include your address, email, and phone number, and ask them to contact you within one week to tell you what they plan to do and when they plan to do it. Send a copy to the mayor's office. Also let your neighbors know what you're doing, and encourage them to do the same. The neighbor at whose house this happened should be involved - after all, the city's negligence has left them open to liability. If a whole neighborhood goes after the city maintenance folks at once, and gets the mayor involved, things are likely to get done.

Talk to your health insurance company. They are the ones who would decide to take any action if there is any to take, since you are not looking for payment other than his medical bills. Every time one of my kids gets injured and we have to take them to the hospital, we have to fill out a form for their HMO that states what kind of injury it was, if it was someone else's fault, if it happened in or around a car, because if liability can be found elsewhere, they want to be reimbursed for the medical payments.

While you can certainly ask, and you have a point regarding "had they finished the job", I don't think the city is responsible. It's a stump that can be seen (it's not the city's fault your son has poor eyesight) and before you play football in an area, you should be sure it's safe so the boys or a responsible adult should have checked it out first. Now, if this stump is in the middle of an actual "football field", then that's another story.

My son broke his arm on the weekend. We took him to the hospital where he was seen by three doctors, x-rayed, then put in a cast. He will be visiting the fracture clinic next week to recast if necessary. Everything was done in less than an hour. It cost nothing at all. But we don't live in the US.

It would probably be better for your to ask this question of an attorney. In my opinion, the city is liable because they did not come by and grind down the stumps. I fell and broke my arm in July. It is very painful to say the least and I"m still in physical therapy recovering.

Yes you should get an attorney, yes you should sue the city. It will be a long time before they respond to your suit (at least that is how my city works) but you need to be compensated for their negligence. Yes accidents happen but as you said if it were not for the stump your son may not have broken his arm.

FYI - I am suiing for my broken arm but I'm not suing a city. There was still negligence involved.

UPDATED
In New Jersey, you don't pay the attorney for accident claims. The attorney gets paid 33% of your total award nothing more. If you don't win, the attorney gets nothing.

I think you could certainly ask but be prepared for them to say no. In my city, it's the homeowners responsibility to maintain the sidewalks, even if the problem was caused by the city.

If this is true in your city, as well, you may be able to have your medical bills covered by the friend's home owners insurance. I think you'll be more successful if you pursue that course.

Welcome to Mamapedia! Great first question.

You can edit by adding to the SWH (so what happened). It pops up every time you click to look on your own question, it should ask - do you want to tell everyone what happened? or something like that.

It would be worth a call to a lawyer, honestly. Just don't call the guy on the back of the phone book, look for a solid referral.
Based on the facts as you stated them, you may have a negligence claim. It is not sue happy to hold them accountable for negligence- your son broke his arm, he didn't skin his knee.

I'm not a lawyer, just answering with my personal take on what you have written.

If you are only planning on going after medical expenses, & you have insurance that is covering the treatment, chances are this is not worth it, given the time & expense you will have to put forward.

The exception to that scenario is if you have a hefty deductible that needs to be met (>$1000) which would come out of your pocket.

Now, if your son has a tragic break that is going to require extensive care, treatment & might have a lasting disabling effect - then yes, talk to a lawyer, because you are looking for not only the coverage of his medical expenses, but also compensation for whatever loss of use he may suffer as a result of this injury.

I hope he heals quickly & is back in the game soon! T.