Case details

Park owner claimed coal boxes and park had sufficient warnings

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
burns, first degree burns, foot, heel, third degree foot
FACTS
During Memorial Day weekend of 2003, plaintiff Chancellor Buscher, 9, was playing football with his cousin at Oceanside RV Park LLC in Oceanside. Chancellor’s grandmother was also with the boys. After the football went over a fence, Chancellor climbed on top of two coal cement boxes, the higher one was covered and the lower one was uncovered, in order to jump behind the fence and retrieve the football. The coal boxes were placed for visitors and inhabitants to discard their coals, so as not to cause any fires by placing coals in a regular trash can. There was also a sign on the front of the lower box that said “hot coals here.” When Chancellor’s cousin retrieved the football, Chancellor began to climb back down. However, Chancellor jumped into the bottom box filled with what he believed was sand and then jumped out. He sustained first- and third-degree burns to his feet. Samantha Cook, acting as Chancellor’s guardian ad litem, sued Oceanside RV Park LLC. Cook alleged the defendant failed to properly warn of the possibility of hot coals, creating a dangerous condition. Plaintiff’s counsel contended that there were inadequate and insufficient warnings, and that the lower box should have been covered. Counsel also contended that there should have been a hose nearby to water down the coals. Defense counsel noted that a sign was placed in front of the coal boxes that said, “hot coals here,” as well as there being signs posted all over the park that said that children should be supervised at all times. Counsel also noted that Chancellor testified that he knew what the sign meant, but said that he did not read it, and that if he had read it, he would not have used the boxes. Defense counsel contended that the warnings were sufficient and that Chancellor understood the dangers of the coal boxes, as Chancellor admitted that if he had read the sign, he would have avoided the area. Counsel also contended that Chancellor’s grandmother was in charge of Chancellor’s care and was responsible for his supervision at the time of the incident. Thus, counsel contended that the grandmother would have known that there was a high probability that there would be hot coals in the box, due to it being Memorial Day weekend, and that she should have told Chancellor to avoid the area and not climb on the boxes., Chancellor sustained first- and third-degree burns to his feet. He was subsequently taken from the scene by aeromedical evacuation and brought to a hospital, where he remained for two weeks. Chancellor ultimately underwent skin grafts for his burns. Chancellor sought recovery of $300,000 in medical costs and recovery of damages for his pain and suffering. Defense counsel contended that Chancellor made a remarkable recovery and was able to return to school the next year.
COURT
Superior Court of San Diego County, Vista, CA

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