This case involves an injury to a child on a skateboard. The plaintiff, an eleven-year-old female, was riding her skateboard past a public park. The park had a green, iron gate that bordered it. At a certain point, due to improper maintenance, the gate stuck out onto the sidewalk, but because of the green coloring, was slightly camouflaged. While the plaintiff was skateboarding, she crashed into the part of the fence that was sticking out and broke three ribs, fractured her arm, and sustained a concussion.
Question(s) For Expert Witness
1. Should the fence have been repaired, or had a clear warning indicating the hazard?
Expert Witness Response
In most cases, when on public property, hazards have to be clearly highlighted. In this case, the maintenance records of the park, including the original state of the fence, and how often hazards were repaired, are critical. Also, any recordings of prior incidences would be important to determine how foreseeable injuries would be. Additional factors would include the status of other parts of the fence, the exact color of the fence, and any other particulars about the location. Still, based on the information presented, the city appears to be liable. I have over thirty-four years of experience working on different issues in fencing and other construction-based projects. In addition to my construction work, I have worked with a number of municipalities on projects for public spaces.
About the author
Michael Talve, CEO
Michael Talve stands at the forefront of legal innovation as the CEO and Managing Director of Expert Institute. Under his leadership, the Expert Institute has established itself as a vital player in the legal technology arena, revolutionizing how lawyers connect with world-class experts and access advanced legal technology. Michael's role involves not only steering the company's strategic direction but also ensuring the delivery of unparalleled intelligence and cutting-edge solutions to legal professionals. His work at Expert Institute has been instrumental in enhancing the capabilities of attorneys in case preparation and execution, making a significant impact on the legal industry's approach to expert consultation and technological integration. Michael's vision and execution have positioned the Expert Institute as a key facilitator in the intersection of law and technology.
