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My 9-year old collided with another boy on some monkey bars at a fast food restaurant. He fell to the pea gravel surface, suffering fractures and internal injuries. Since there was fault at the start, will my damages be restricted? Does the owner of the fast food restaurant have any liability?
It depends on how much your son was at fault. If he was being reckless in his use of the monkey bars and you did not stop him, it is likely that he will not receive damages from either the other boy’s parents or the restaurant. If your son was playing on the monkey bars in a reasonable way, though, you will want to examine whether the other child’s actions caused the accident or whether the owner of the restaurant had failed in his duty to provide a safe environment at the restaurant’s playground.
Sometimes, however, accidents simply happen and there is no clear fault – neither boy was playing inappropriately and the owner of the restaurant had taken reasonable care in choosing, installing, and maintaining the equipment. If that is what happened, you may not have a case against anybody. Clearly, this is a complicated matter and if you want to pursue it, you should consult with an experienced attorney to discuss your case. |
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