Legal Question in Personal Injury in Missouri

potential for a personal injury claim

my son was injured in a swimming/diving incident recently. he dove off a dock in a shallow part of a privately owned lake. he had permission to be there, in fact the owner was present when it happened. no warning signs were posted for shallow water and the incident occurred after dark, with only a campfire for light. he noted that other people had previously dived off the dock, so he assumed it was o.k. he has had major surgery on his neck to repair the damage and has a incomplete spinal injury of which the medical folks will not offer when or if he will ever walk again. is this potentially a personal injury situation in which the property owner would be liable, since no warning was given for shallow water and he was allowing them to dive off the dock?

Asked on 4/27/06, 9:57 am

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: potential for a personal injury claim

There is a potential case in the facts you submitted, however, additional investigation is needed. You should immediately contact an attorney to help you with this.

If you would like to speak to someone without charge, please feel free to contact us.

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Answered on 4/27/06, 10:39 am

Jeffrey Carey Carey Law Firm, LLC

Re: potential for a personal injury claim

Let me begin by saying that I am sorry about what you are going through. I have experience in this area. I was also (many years ago) a Red Cross certified water safety instructor and worked in pool and lake envorinments for over a decade. Your son, based on your message, was an invitee on the property. The landowner, therefore, had a duty to make the property reasonably safe and to warn of dangers that could not be remediated. It is important that the condition of the property be documented quickly. If I can be of assistance please contact me. You can view my website, as well, at In any event I wish your son a speedy recovery.

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Answered on 4/27/06, 12:51 pm

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