Child’s Eye Injury – $600,000

Disclaimer: Results may vary depending on your particular facts and legal circumstances.

On the day his vision became irreparably damaged, our client, an 11-year-old boy from Maple Shade, was walking home from school with his friends. As the boys walked along East Front Street, just blocks from the elementary school, a fellow student picked up a stick from a pile of yard debris left by the curb. She threw the stick – and it struck our client in the eye.

A Life-Altering Injury

The boy was rushed to the hospital, where he underwent the first of three eye operations. None of these surgeries was successful in restoring his vision.

The child remains blind in his left eye and wears a prosthetic eye shell, which he will need to keep getting replaced periodically as he grows. Even now, his doctors haven’t ruled out the possibility that future surgeries could be necessary, or that he could eventually lose what’s left of the damaged eye.

Levels of Negligence

There were three defendants in the case.

The insurance company representing the child who actually threw the stick (and her parents, who failed to supervise her) agreed to settle the claim against the family for the full policy limits of the homeowner’s insurance coverage within a month of us filing suit. That settlement accounted for $300,000, half of the total compensation we recovered for the injured child.

Though the child who tossed the stick acted negligently, this incident never would have happened in the first place if that pile of yard debris hadn’t been negligently left curbside, in violation of a town ordinance. In fact, that debris was left so close to an elementary school, where groups of young children regularly walked by, that it created a situation known in the law as an “attractive nuisance.” Two parties were involved in allowing this nuisance to exist: the landscaper and the homeowner. The landscaping company had created the pile of debris during their work more than a month earlier and had left it beyond the property line. The homeowner reportedly instructed the landscapers not to haul away the waste, in direct violation of a town ordinance. In September 2015, both of these defendants agreed to settle jointly for an additional $300,000.

Other lawyers may have been satisfied to obtain the homeowner’s coverage, but at Console & Associates P.C., we go the extra mile. We will fight to hold all of the negligent parties accountable – even in complex cases like this one.