I fell on a private tennis club court. Prior negligence of the courts has been noted.

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I fell on a private tennis club court. Prior negligence of the courts has been noted.

To begin: The owner has been made aware (members have notified the manager) that the courts are in disrepair. On this particular court I had not noticed there was a hole the size of a softball where the asphalt is gone. Yesterday, I fell backwards while rushing backwards to get a lob. My heel caught in the hole and I landed hard on my back and arm, jamming my hand and hitting my head. I have not been to a Dr. I worry, as often is the case, that the pain increases or does not go away. My ins. is expensive and I am 59 on a limited income. Thanks for any advice.

Asked on June 29, 2009 under Personal Injury, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Anytime an individual is injured as a result of the negligence of another party, that party may potentially be liable for the person's injuries that result from that negligence.  Of course, ino order to recover damages you would need to be able to demonstrate that: 1) the defendant's actions fell below the appropriate standard of care (i.e. were negligent or reckless), 2) that you suffered injury as a result, and 3) that the defendant has assets or insurance that can be subject to recovery.

Since you have alleged that you have suffered injury, and that that injury was as a result of the potentially negligent maintenance of the tennis courts, and since these were private courts (which means that the owner most likely has an insurance policy or some other recoverable assets) I suggest that you consult with and/or retain a personal injury attorney to represent your interests arising out of  this matter.


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