does my daughter have a case

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does my daughter have a case

in 2007 my daughter fell off the city monkey bars and broke her arm she had to have surgery that night.The playground only had 1/2 inch of wood chips she fell 9ft..It took the city 7 months to fill the play ground..We live in massachusetts

Asked on June 9, 2009 under Personal Injury, Massachusetts

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I believe your daughter does have a case.  I assume she was a minor at the time this occurred, in which case she has 3 years after she turns 18 to sue.  If she was not a minor, she has three years from the date of the incident.

Prior to suing a public entity, however, a claimant must provide written notice of the claim to the municipality, and the notice must be given within two years from the time of the accident.  Mass. Ann. Laws ch. 258, § 4 (Law. Co-op. 1992). In general, no civil action (lawsuit) may be brought more than three years from the date of the accident, but, again, if she was a minor, she has more time to sue.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I would definitely pursue this with an attorney. The only issue may be with the statute. I am not admitted in MA so you will want to consult with a local attorney on the time to file an action like this one but if the time has no expired I am sure many attorneys would be happy to handle this case

Make a phone call to a local attorney who specializes in this area. Begin with the date to ensure the time is still good than give them all the details. If the city failed to fill the playground with enough chips knowing kids would be playing and possibly fall they very well may be at fault. Good luck


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