Can I sue the city if my daughter was playing at the parkand a mower spit out a rockthat sliced her head?

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Can I sue the city if my daughter was playing at the parkand a mower spit out a rockthat sliced her head?

I contacted the city and they told me that the mowers were contracted out. I then phoned them and they said they would contact their insurance company. I have not heard back from them in 2 days. I would like the either the city or contractor to pay for the medical bills. My daughter had to get stitches in her head.

Asked on July 13, 2011 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be able to sue the contractor and/or the city. The primarly issue will be was there any fault--for example, was it negligent (or careless) to be mowing at a park during hours children were playing there? Was the way mowing was being done careless (e.g. the rocks were obvious, so the operator should have avoided them or moved them first)? Was the equipment negligently maintained (e.g. missing some protective gear or guard)? If the answer is "yes," there may be a cause of action or claim. Since there are often very short time periods or frames for suing a municipality--as well as extra paperwork and notice requirements--you should consult with a personal injury attorney *immediately* to evaluate whether you might have a case worth pursuing and, if so, to get it started as soon as possible, with all paperwork done correctly. Good luck.


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