QUESTION
Can I file a lawsuit if my child contracted a viral mouth infection at an apartment complex?
Asked on Nov 03rd, 2011 on Personal Injury - Texas
More details to this question:
My 3 year old son was outside playing with his two older brothers. They ran in the house and said, " this girl pushed him off the slide." My baby was bleeding from the mouth and has a deep cut on his lips. A few days later his lips got worse, swollen, and little bumps everywhere. He has mouth sores and everything. I took him to the Emergency Room and explained to them what happened and they diagnosed him with Viral Mouth Infection and prescribed him an antibiotic and a pain reliever. Can I file a complaint with the Apartment Complex or is there anything I can do.
7 ANSWERS
Your stated facts are insufficient to assess liability or blame anyone for the accident. First, you should attempt to find the parent(s) of the girl who pushed your child off the slide thereby causing the initial injury. Perhaps, her parent(s) may be willing to cover some, if not all, of your daughter's medical bills.
Answered on Nov 04th, 2011 at 2:16 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It doesn't sound to me like the landlord did anything wrong. You can sue, but I think you'll lose.
Answered on Nov 04th, 2011 at 12:45 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You would have to prove that the virus was caused by some neglect of the apartment complex and that the virus was directly contracted because of that neglect. It would take some powerful doctor testimony and maybe some fancy lab work. I don't think a claim would fly unless you have the above. You would also have to prove the complex knew of the problem (or should have known) and failed to do anything to correct it. It is all uphill and expensive. I doubt if you can make such a claim successfully.
Answered on Nov 04th, 2011 at 12:01 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. In the accident you describe, it was the other child who caused the accident. That being said, some property owners have what is called a medical payments provision of a liability insurance policy. Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault.
Answered on Nov 04th, 2011 at 12:01 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Go ahead and file a complaint but don't expect much action.
Answered on Nov 04th, 2011 at 12:01 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can file a lawsuit and you can request that the parents take care of the medical expenses.
Answered on Nov 03rd, 2011 at 11:19 PM
Assault Attorney serving Richardson, TX
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It is doubtful unless the complex knew the area was infected and did not take action.
Answered on Nov 03rd, 2011 at 10:52 PM