wondering if city is at fault?

[goodgrlnteruptd]

What is the name of your state? Oregon
I just spent the last 24 hours at the hospital while my seventeen year old son went through reconstructive surgery. He was riding his bike with two friends when he rode over a sewer drain that consisted of bars that covered the drain. He did not see the drain and when he rode on it his front tire went between the bars cause him to flip over the bike and land on his face. He was injured severly enough that an ambulance had to be called and they had to transport him to the hospital ER. He lost one tooth completely, broke 3 or 4 more in the front and they had to do emergency reconstructive surgery on his face because he had no upper lip and part of his nose was gone. He aslo has a concusion. The doctor managed to piece together the upper lip stating that there was a few pieces that were gone but the prognosis looked okay as far as maybe being only a few minor scars, but his nose was missing a section that he could not replace and that there was no skin either there on the nose.
My son is seventeen and something such as this is quite dramatic to him. I fear he may go into a depression from this. My neighbor has told me that the city may be liable because of the sewer drain being pipes instead of a man hole cover. I was just wondering if this to be true? My son will probably need surgery again in the future and he will definately be needing dental work and these can run quite expensive for a single mom. So any information on this matter would be greatly appreciated. Thank you

 

[IAAL-21]

What is the name of your state? Oregon
I just spent the last 24 hours at the hospital while my seventeen year old son went through reconstructive surgery. He was riding his bike with two friends when he rode over a sewer drain that consisted of bars that covered the drain. He did not see the drain and when he rode on it his front tire went between the bars cause him to flip over the bike and land on his face. He was injured severly enough that an ambulance had to be called and they had to transport him to the hospital ER. He lost one tooth completely, broke 3 or 4 more in the front and they had to do emergency reconstructive surgery on his face because he had no upper lip and part of his nose was gone. He aslo has a concusion. The doctor managed to piece together the upper lip stating that there was a few pieces that were gone but the prognosis looked okay as far as maybe being only a few minor scars, but his nose was missing a section that he could not replace and that there was no skin either there on the nose.
My son is seventeen and something such as this is quite dramatic to him. I fear he may go into a depression from this. My neighbor has told me that the city may be liable because of the sewer drain being pipes instead of a man hole cover. I was just wondering if this to be true? My son will probably need surgery again in the future and he will definately be needing dental work and these can run quite expensive for a single mom. So any information on this matter would be greatly appreciated. Thank you

My response:

See a personal injury attorney. If you and your son of a claim/cause of action, you have a very limited amount of time within which to file a "Claim for Damages."

IAAL

 

[JETX]

He was riding his bike with two friends when he rode over a sewer drain that consisted of bars that covered the drain.

Just curious.... where EXACTLY was this 'sewer drain'??
It sure doesn't sound like one that would be in any roadway or authorized bike path.
And whose sewer cover was it??? Some are city, some are utility owned, etc.

 

[goodgrlnteruptd]

city at fault?

It was located in the roadway where usually it would be next to the curb but instead of the curb being there it was the end of a gravel roadway that reached from the street parrellel to the one with the drain. There is not really a sewer cover it is only metal bars that cover it because my son lost some of his teeth down the sewer through the bars.

 

[teflon_jones]

I had the same thing happen to me about 15 years ago in NY. I lost one tooth and a piece of my jaw bone and had extremely bad road rash on 1/2 of my face to the point that there was no skin left in large sections. Here's what I was told at the time by many personal injury attorneys. If you can show a history of similar accidents at that location that the city was aware of, but they took no action to fix the problem, you have an excellent chance of winning a lawsuit.

 

[samk]

We have some drain covers like that on our street. They are bars so that larger pieces of debris can enter the storm sewers. My seven and eight year old children know not to ride their bikes over them.

 

[JETX]

We have some drain covers like that on our street. They are bars so that larger pieces of debris can enter the storm sewers. My seven and eight year old children know not to ride their bikes over them.

Oh, crap!!! Now you have introduced logic and practical sense into this.... we won't hear the last of it now!!!

 

[goodgrlnteruptd]

Logical for whom?

There wasn't anything logical about the whole thing, my son was riding his bike turned onto the road way and BAM! His front tire wedged into the storm drain that was on the roadway going in the same direction as traffic. So logically, yes most people would not ride onto it, or even more logically the city should not have had a storm drain with bars across the top running the same way as traffic, but neither of these two things happened, and my seventeen year old son will have scars for the rest of his life. The City has now removed that storm drain and replaced it with one that has crossed bars so it doesn't happen again. The insurance investigator for the city has came and spoke with us and has informed me that there will be no payments made on medical or dental bills until my son has finished recieving treatment for the damage done. That is when they will make a settlement offer that will include the medical and dental costs. My problem is how long will it be until the doctors and dentist stop seeing my son because of the payment issues. Feels like a catch 22 in some ways. All his perscriptions so far along with co-payments with each doctor or dentist visit is beginning to really drain the finances, so much so that the rent isn't paid and neither are the utilities. And what takes priority, the rent and utilties or my sons well being? No question there, my sons well being, but at the same time not paying the rent or bills effects his well being also. Any logical suggestions now?

 

[samk]

Any logical suggestions now?

Talk to your creditors before they send your accounts out for collection.