State of California:
My 9 year old son and my husband were riding bikes to school and my soon hit a bump and gravel at the same time he tried to put on his brakes. The bump and gravel caused his hand to come off the brake and he tried to skid to a stop, seeing what appeared to be bushes up ahead of him. As it turns out, the "bushes" were actually a huge drop-off (about 15 ft) into a ditch with rocks, water, and a large metal/concrete pipe sticking out of the ground. He flew into the ditch, hit his head on the pipe and went unconcsious for several minutes. My husband didn't even realize the ditch was there either until he started looking for him and saw him lying down below with his face in the water - not moving. The ambulance were called and my son was taken to the ER trauma unit. Amazingly, he did not suffer any injury other than his face being scratched and swollen from the fall and the concussion caused by the impact. No broken bones, no lost teeth, nothing. He was very, very lucky. The helmet took the brunt of the fall. My question is - this is on county property and there was absolutely nothing in front of this drop-off to warn anyone of it being there. According to the neighbor, there used to be trees there but the county recently cut them down and didn't put anything up to warn pedestrians.
Since the accident, the county did come out and put an orange sign in front - the kind that will blow over in the wind. Can they be sued for this? Does my son have to have suffered a major injury before they can be sued? I am very happy that he wasn't injured but I want the county to put something more permanent up to warn other children. BEFORE someone does get seriously injured. Had he not been wearing a helmet or not been so lucky, I truly believe he could have been killed. There are alot of children in this neighborhood and this is a semi-common route bike riders take to the school - from our side of the neighborhood...some take the street just before.
Thanks,

