Legal Question in Personal Injury in California

Injury at public parks

My son was recently got injured when he ran into a free-swinging metal gate at a neighborhood park (a master-planned community with HOA and a management company to help run it). This gate was only recently installed and was never latched or locked into place -- it swings 360 degrees and more often than not come to a rest on the side-walk. Here are the questions:

1. Is this gate constitute a public safety hazard/negligence?

2. Who's liable for this public safety hazard (HOA, the master-plan community builder, the management company or the county)?

3. Is this incident merit a day in court?

4. Is small-claim court an option for these kinds of accidents?

Regards.


Asked on 10/20/03, 1:10 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Injury at public parks

You haven't provided enough facts for an attorney to evaluate your question. What kind of position was the gate in at the time of the accident? Was it visible at the time? What kind of gate is it, and what is it there for? What was your son doing when he hit it? Was he injured? If so, how seriously? Without these details there is no way an attorney can offer you a meaningful response.

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Answered on 10/21/03, 3:28 pm


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