Son's burn injuries

[paigeSC]

What is the name of your state? South Carolina

Last June, while a new subdivision was being developed on the property adjacent to my neighborhood, several large fires were left unattended. Because many boys in the neighborhood frequently played in this area, there was a well-worn path from a grass picnic spot in my neighborhood to within 10 feet of the fires. There were no warning or no tresspassing signs posted. Unfortunately, my son (11 at the time) and his friends decided to "explore" that day. While he didn't "play with" the fires, each fire was surrounded by deep, smoldering embers. While walking past one of the fires, he sunk down into them, past his ankles, and his high-top tennis shoes were filled with the red hot coals. As a result, he suffered 2nd and a few 3rd degree burns to his feet and ankles. He now has permanent scars. I am still trying to pay the medical bills associated with this, and I'm wondering if I have a case?

 

[I AM ALWAYS LIABLE]

My response:

Prior to your son's incident, how long had you known about these fire pits? Had you ever seen one of these pits prior to the incident?

IAAL

 

[paigeSC]

Response

No. I had no idea there were fires burning. The fires were not visible from my neighborhood due to dense trees and houses.

 

[Ketch]

I am also interested in the answer to that question, IAAL.

I lived in SC for almost 10 yrs. It is not uncommon for people clearing land to burn the left over vegatation in many different small piles. It is also not uncommon to see burn barrels and people setting their lawns on fire( So the grass can grow back greener)..And burnng discarded leaves in drainage ditches. (they tend to have these instead of sidewalks) In areas or neighborhoods with houses less than 30-35 foot apart.

and I'm wondering if I have a case?

...I am sure that IAAL will correct me if I am wrong....BUt based on your post....And even if you answer is a "NO....I knew nothing about them until my child came home burnt" You don't have a case.

Based basically on this one statement....

While he didn't "play with" the fires, each fire was surrounded by deep, smoldering embers. While walking past one of the fires, he sunk down into them, past his ankles, and his high-top tennis shoes were filled with the red hot coals. As a result, he suffered 2nd and a few 3rd degree burns to his feet and ankles

..( IF you where there with child)..... If it was surrounded with a ring of embers...big enough for your child to step in...BUT not step in the actual fire...It had been burning for quite some hours...maybe even a day, then smouldering for another. The property was right next to you and you should have noticed it was burning ( had fires on it). And noticed it was a hazard when you walked up on it!


I see it as parental neglect...You speak of it like you were there however, I would doubt that you would allow your child to play or be so close to something that would harm them. So that would say you are relying on your childs word.......And if that is the case.. then for all you know he tried to be"big and bad" in front of his friends and jump over it and fell into it!( jumped short)

I see you on the hook for the bills.

 

[Ketch]

No. I had no idea there were fires burning. The fires were not visible from my neighborhood due to dense trees and houses.

OK I was busy typing out my response when you answered...SO....you said.....

while a new subdivision was being developed on the property adjacent to my neighborhood,

......So then you would have surely seen the smoke...And if it was that far that you had NO eyesight of the property...Then why would you let your 11yo child play there unattended?

 

[Pfaffing85690]

Sorry ketch, try the phrase 'attractive nusiance'.

And we also don't know if this was a covered pit or red-hot burning embers surrounding the fire.

Let's wait for more information.

 

[Ketch]

pfaffing..I understand...and did some reasearch on the "attractive nusiance" thing.( need to do some more, kinda interesting)....BUT

IF she insists on persuing this.....I can't help to think that it will be brought up that the child should not have been out of supervision at age 11, nor had proper supervision if intrusted to someone elses care. Not to mention the level of common sense that I brought up.

I know the law is the law.....IF I am wrong ...Then hell it won't be the first time ...Probably won't be the last.. ......But that is just my opinion and my concern if she persues this.

I do agree.....The whole story needs to be told!

 

[paigeSC]

More Info

First, thanks for all of your help! Here are some details -

At the time of the accident, my 2 boys were 8 and 11. We lived in a small (75 homes on very small lots!), safe, family neighborhood with lots of other children, a playground, picnic area, ect. When they went outside to play, they were allowed to ride their bikes around the neighborhood, join a street hockey or kickball game, play at the playground or picnic area...Just PLAY! Like boys are supposed to do! They always had a set time to be home, and knew that if they went INSIDE someone's house, it had to be someone I knew AND they had to call me and let me know where they were. No, they're not perfect, but they had always followed these rules! I won't ever feel guilty for allowing them to do this!

Remember, now, we're talking about rough and tumble boys...and in our neighborhood, yards were very small, and trees were few...but the area directly adjacent to the back of the neighborhood was wooded and empty. While playing at the picnic area (about a year prior to the accident) the boys and their friends decided to follow a well-worn - but not long! - trail into "the woods". They found trees to climb, rocks to collect and a stream to get their shoes wet in!...When they returned home, they were wet, dirty, exhausted, and SO excited to tell me all about "their woods"! While I immediately objected, and forbid them from EVER going back, my (now 'ex') husband - their Father - disagreed, and told me about the many childhood adventures he'd had in the woods near the house where he grew up...I talked with other parents in the neighborhood, and NONE had ever had reason to question the saftey of allowing their boys to play there...I spoke to my own Father, a very wise man, about the situation as well. His comment was - "That's what boys DO!" When we went with the kids to see this boyhood wonderland, they found a salamander near the stream...they were captivated by the soft, green moss on the rocks....they showed us the fort they had started to build, and described, in detail, the bridge they were planning! While I felt as if I was miles from home, I could still see the backs of the houses in the neighborhood...could see neighbors on their deck, and even clearly hear them talking! It wasn't far, at all!
I soon realized that I have always done my best to keep my kids from things that could be harmful...They're not allowed to watch MTV, or play video games for hours on end...they can't "surf" the internet , listen to music by M&M, or watch anything besides G-rated movies! I would consider myself to be a neglectful parent if I allowed them to participate in truely dangerous activities...but, after careful consideration of all the aspects, I am hard-pressed to see anything "neglectful" about allowing my boys the opportunity to cultivate their creativity, the adventures of exploring nature, and the "boyhood right" to simply climb a tree!

Other issues - No, I was NOT with them when it happened.

Yes, the fires had been burning for several days, but niether myself, nor many of my neighbors, realized this.

The hot coals were near the ground, not on the surface, and not visible.

I have no doubt that my son was honest about the events leading up to the accident. There were several boys present, they made no conflicting comments , and they had no time to jointly construct an alternative story. All of the boys quickly realized the seriousness of my son's injuries and responded immediately. One of them stayed with him and assisted him in getting his shoes off, and walking home. Another ran to the closest neighbors house for help. Another ran to get a nurse who lived nearby, and my youngest son ran home to get me. Each boy immediately explained what had happened - and their storys were identical!

 

[paigeSC]

I forgot to tell you...

I spoke with the Fire Marshall. We went to the exact spot the fires had been, and his response was this:
There are a number of different agencies that determine codes, laws, and restrictions, re/ fires and burning. (State Forrestry Commision, County Ordinances, etc.)
According to him, these fires conflicted with more than one of these regulations, including the fact that, due to extremely hot, dry, conditions, there was a burning ban in effect at the time of the accident. Also, there are ordinances (I believe he said county) that stictly prohibit leaving fires unattened, (Which these were!) and prohibiting burning after 5pm, which also states fires started prior to that time to be extinguished by 5 pm. (The accident occured around 6:30pm)

Does this help?

 

[HomeGuru]

Re: I forgot to tell you...

I spoke with the Fire Marshall. We went to the exact spot the fires had been, and his response was this:
There are a number of different agencies that determine codes, laws, and restrictions, re/ fires and burning. (State Forrestry Commision, County Ordinances, etc.)
According to him, these fires conflicted with more than one of these regulations, including the fact that, due to extremely hot, dry, conditions, there was a burning ban in effect at the time of the accident. Also, there are ordinances (I believe he said county) that stictly prohibit leaving fires unattened, (Which these were!) and prohibiting burning after 5pm, which also states fires started prior to that time to be extinguished by 5 pm. (The accident occured around 6:30pm)

Does this help?

**A: possibly. Did you put the property owner on notice of the accident and filed a claim?

 

[paigeSC]

The day after the accident, I contacted the builder by phone, and spoke in person to the owner of the company who's employees actually started the fires. (And when I did this, the employee who started the fires said to both of us..."I've met your son! He and his friends were here the day before I started burning, and they told me they liked to play back here." Also, the owner of the company said that his surveyor told him about a group of boys who showed him their fort and bridge on one of his visits to the property.)
I was told by the Dr's that it would take at least a year to determine the extent of the permanant scarring and I was advised NOT to make any kind of settlement until then.

 

[Ketch]

I am very sorry for your son's injuries...However by your own statement......

I contacted the builder by phone, and spoke in person to the owner of the company who's employees actually started the fires. (And when I did this, the employee who started the fires said to both of us..."I've met your son! He and his friends were here the day before I started burning, and they told me they liked to play back here." Also, the owner of the company said that his surveyor told him about a group of boys who showed him their fort and bridge on one of his visits to the property.)

Your child knew where, and what he was stepping in.....Your chilld and neigborhood children were in full knowledge of the fires and continued to "play" with them...... Sorry...you are on the hook for medical bills....JMO

 

[Pfaffing85690]

Paige,
make an appointment with a personal injury attorney. They will have free consultations and will be able to go over everything with you including the likelyhood of a claim or not.

 

[paigeSC]

They knew there was a man working back there....there was NOT, however, any discussion of the fact that there would be fires back there the following day. He said they "helped" him clear some of the brush and he told them they were welcome to help any time! Said they were "Good Company"

I have issue with him setting fires in an area where you he knew kids played, and the fact that he not only welcomed them, but invited them to return, and offered NO warning about the next day.

Do you EVEN have kids?

 

[lwpat]

The fire marshall is correct in that several regulations have been broken. No fires are to be left unattended, all fires are to be out by 5pm, and a daily burning permit from the Forest Service is required. They violated all of the above.

In addition you have an admission that they knew you sons played in that area and failed to issue any warnings or post signs. Due to the severity of the burns you need to contact a PI attorney immediately and file a claim.

I am a contractor and live in SC. Regardless of the other posts to the contrary, you have an excellent chance of recovery. The attorney should be willing to take the case on a contigency basis so there will be no out of pocket expense to you. The contractor is well insured and I would expect the insurance company to settle since the violations by their insured would be very damaging in court.

For example I know of one case where a lady sued Waffle House and collected because her son got his arm caught in a newspaper vending machine. You now have to go across the street if you want a paper at that particular location.