Childhood Inury

Question

When I was 10 I was at my friend's house.

He and another one of his friends were there.

They asked me to see how high I could swing on their swingset, so I went as high as I could.

One of them was waiting at the top of the swingset. When I reached the apex of the swing he purposely broke the chain on one side of the swing.

I fell off and hit my head on the cement, fracturing my chin, suffering from a concussion and dislocating my jaw.

I have no direct memory of the event besides the before and after.

So they had purposely lured me into an otherwise benign activity and then sabotaged the equipment so I would end up nearly dying.

No lawsuits were filed, and up until now I had thought that I had just fallen off the swing. Nobody told me that it was purposely sabotaged (although some had hinted about it in the past, but I was in denial). I have been suffering from complex PTSD and BDD ever since the incident.

In my state the statute of limitations says that I would only be able to sue before 21 years old, alas that was last year.

Do I have any case?

Answer

I didn't go to law school, but this appears to be a complicated case. Depending on the state in which you live, I would assume you could potentially have a case because of the fact you discovered you were intentionally harmed years after the accident happened. In this instance, since you've been suffering from PTSD and BDD, two serious mental conditions, a "Discovery of Harm" rule could work in your favor. On the other hand, courts are usually pretty firm when it comes to enforcing statutes of limitations. It really depends on the state you live in.

The smartest thing for you to do would be to speak with a lawyer in your area. By providing them every detail you can remember about your swing accident and the mental damage you've suffered because of it, they could advise you as to whether you have a case all these years later.

I found this link while doing a little research online. I hope it helps: (removed)

Childhood Inury

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