BAY SHORE - A Bay Shore mother is taking legal action against the town of Islip for her son's injury on hot asphalt.

The 10-year-old boy, named David, says he got second-degree burns on his leg, hand and arm after falling off his bicycle Wednesday in Bay Shore and landing on the asphalt.

David says he didn't notice the workers paving at the end of Tillie Street. He says there were no cones out or signs warning people that the road was hot. When he tried to ride on it, his bike just got stuck.

David's mother, Nikita, says she arrived at the scene seconds later and called 911.  

"There was no caution signs up at all for my child to know that there was hot tar being put down on the road," she says.

The family's attorney tells News 12 he filed a notice of claim against the town of Islip, citing negligence and recklessness. 

The town of Islip has issued a statement saying in part that the approved paving vendor told the town that all appropriate and required safety measures were met and monitored and they will continue to investigate