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My son has suffered spinal injuries from using a trampoline at his gym class. Who is held liable in this for damages?
A sixth-grade student in California uses a mini-trampoline during his tumbling class and suffers spinal injuries resulting in quadriplegia. When should his representative file suit, and can he or she recover punitive damages?
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Pursuant to California law, a spinal cord injury lawyer may file the personal injury case within one year of the date of the incident or accident. If the plaintiff brings his claim against a public entity, he or she must file the his or her claim within six months of the accident's occurrence. The court may award punitive damages if the victim/plaintiff can show that the wrongdoer's conduct was malicious, willful or fraudulent. The amount of punitive damages that the plaintiff may recover depends on the gravity of the defendant's financial status and wrongdoing, rather than the plaintiff's injury. Large companies can expect to pay more punitive damages than smaller ones or individuals.
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Posted by Yara Zakharia on 21 Jan 2010
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