Legal Question in Personal Injury in California

fell in a hole covered with grass at a water park

I took my wife and our kids to a water park this weekend. We were walking along the grass area she stepped into the hole and sprained her ankle and cuts and abrasions and hurt her tail bone. There was a hole in the grass where a broken spinkler pipe which was still broken made a big hole about 12 inches deep in the grass, covered by lawn grass that hadn't been mowed. They gave us free passes for all 7 of us and medical attention on the premises and ice. We filled out a accident report but at this time she could not even walk without assistance.

She can not drive to work so now she has to take days off to heal. She can't even walk a few steps to the kitchen. Do we have any kind of legal recourse?

What is she entitled to if anything at all. The personnel at the park admitted that the pipe was broken and immediately put a red cone over the hole.


Asked on 7/26/01, 1:21 pm

4 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: fell in a hole covered with grass at a water park

From the information you have provided, your wife is entitled to,at the minimum, reimbursement of her medical expenses. The next thing she needs to focus on is getting into see her regular doctor asap either Friday or first thing Monday so they can take xrays and find out exactly whats wrong. If she has already seen a doctor for the injuries, what is his diagnosis? If she hasn't seen her personal physician she needs to go either tomorrow, If she doesn't get checked out by the doctor and ends up problems down the road the park will not be to inclined to pay for anything since she waited so long to seek treatment. I need specifics before I can give you a rough estimate on the damages you should be asking for. If you can, I would try to go back to the park asap to take pictures of the incident sight so you have proof of the hazard. If they have already fixed the problem it's okay because the park should have a report of the incident on file. If you would like to pursue this matter and see what your options are, please feel free to contact my office by email at [email protected] with the information I mentioned before. The initial consultation is free so it doesn't cost you anything to have my office review the material and talk with you about her legal rights. I practice in San Luis Obispo, California which is exactly half way between SF and LA. So I am able to handle cases all over the state.

I think you have a strong case if she starts treatment with a doctor immediately, if she hasn't already. The faster her injuries are documented the better her chances of seeing some money for her pain and suffering.

Sincerely,

John Hayes, Esq.

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Answered on 7/27/01, 1:17 am
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: fell in a hole covered with grass at a water park

You did not indicate which water park your wife had the accident at. I am located in Southern California in Orange County and there are several water parks in this area. An attorney would need to know some of the geography involved to see if it was feasible to take the case.

Given the information you have provided, your wife would probably have a personal injury claim and would have legal recourse for medical bills, wage loss and pain and suffering. I strongly suggest that your wife hire an attorney in the city or county where the water park is.

I would be glad to provide a free consultation and answer any questions you may have if everything is situated in the Southern California area.

Please give me a call.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW,

10101 SLATER AVENUE, SUITE #218

FOUNTAIN VALLEY, CA 92708

TELEPHONE NUMBER: (714) 963-5123

FACSIMILE NUMBER: (714) 964-9993

E-MAIL: WWW.FIRMS.FINDLAW.COM/EAGLELAW007

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Answered on 8/09/01, 11:43 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: fell in a hole covered with grass at a water park

Lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. A claim must be made with the park's insurance company. You need to obtain representation immediately so as to have the reserves set at the highest possible level. "Reserves" is an amount of money the insurance company sets asside for the final settlement of a case. Once the reserves are set it is difficult to go beyond that amount. Moreover, don't talk to the adjuster!!! Everything you say will be used to minimize your claim or skirt liability. The insurance companies have attorneys to protect thier rights, why don't you? Please contact me directly at (619) 222-3504.

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Answered on 7/27/01, 10:57 am
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: fell in a hole covered with grass at a water park

So long as the hole was not open an obvious, I think you have a very good case. She is entitled to all of her medical, lost wages and pain and suffering. Were any photos taken of the hole? I handle such matters in both California and Indiana. If you run into any stumbling blocks let me know. 219-340-3890

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Answered on 7/26/01, 2:15 pm


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