Legal Question in Personal Injury in Illinois

My 8 year old daughter broke her wrist at the neighbors. She was climbing a rope that the father had put up. The rope broke and she fell to the ground. The break is bad and is located on her growth plate. She is having to undergo general anesthesia so the Orthopedic surgeon can put her bone back together straight. She will then wear a cast for 6-8 weeks. After that, we will have to see how the bone is doing. Should the father made sure the rope was strong enough to hold a child? The rope had been through the winter months(snow, ice, etc.,) without being evaluated for safety before the kids were allowed to play on it. This happened the 1st day of her summer break. She is an avid swimmer and softball player. She is taking narcotics(the minimum) for pain. The neighbors have avoided me since the accident. They don't even know she's having surgery, although I've tried to talk to them. So who is responsible?


Asked on 6/06/11, 9:34 am

4 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I am so sorry to hear about your girl's injury. The growth plate injury is serious and quite worrisome to a parent with a potential for disfigurement and disablity in addition to the pain and suffering that she is going through now, especially missing softball and swimming. Hopefully, the injuries will not be permanent and she will make agreat recovery.

Generally speaking, the neighbor is responsible. However, every case is fact specific and there can be exceptions to the rule. Please contact me as I have a number of questions about the specific facts of the case. Thank you.

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Answered on 6/06/11, 9:41 am
John Wunsch Law Offices John C. Wunsch, P.C.

Dear Sirs,

We believe that you may have a valid case which you can pursue on your daughter's behalf.

Should you wish to hear our thoughts about this in greater detail, please call us right away.

All best,

Law Offices

JOHN C. WUNSCH, P.C.

(312) 977--9900

[email protected]

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Answered on 6/06/11, 10:02 am
Scott A. Blumenshine Blumenshine Law Group

The homeowner is responsible. Their insurance company will respond to claim and will be responsible. You would do well to speak with experienced personal injury lawyers

to explore the options available to you and your daughter. My partner

and I have a small personal injury law firm dedicating to provide excellent

personal attention to injury claims like yours. Please consider contacting me for a free

no obligation consultation.

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Answered on 6/06/11, 10:10 am
Sal Sheikh www.BetterCallSal.com

Make sure your daughter receives all the proper Medical Attention.

As my colleagues have stated, form the facts you give, the Homeowner is likely responsible and the Homeowners insurance needs to be contacted.

I suggest consulting with several attorneys and retaining someone who you are comfortable with and who will answer your questions.

Feel free to contact me with any questions you may have.

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Answered on 6/07/11, 9:24 am


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