If my son fell at an indoor play place and broke his collar bone, should I speak to the owner alone or contact a lawyer?

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If my son fell at an indoor play place and broke his collar bone, should I speak to the owner alone or contact a lawyer?

The area he fell from had a large hole with a metal ladder in it. He fell about 8 ft through the hole. We did not sign any liability or wavier before entering the area. There were no signs stating which areas where for what aged children so I did not know there was such a dangerous area in the spot he was playing on. The advertise for children from 1 to 17 years old so I thought it was safe.

Asked on July 20, 2014 under Personal Injury, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The issue is whether the hole he fell through was "unreasonably" dangerous or not--that is, something which doesn't belong in a play space like that. If it was not unreasonably dangerous--if it was, for example, the equivalent of the ladder on a slide; something which a person could fall down, but which is normal and reasonable for a playground--the play space would not be liable. They would not be liable because by letting your son use the play space, you assumed the risk of ordinary injuries that could occur on any playground or play space, and that assumption of risk limits or eliminates their liability; and also, they would have done nothing negligent, or careless, and therefore not be at fault unless they created an unreasonable risk.


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