QUESTION
Can my son be compensated for injury on a vacation rental property?
Asked on Jan 03rd, 2014 on Personal Injury - Florida
More details to this question:
My son fell on a vacation rental property during the Thanksgiving weekend and broke his knee because the parking lot has no lights, very dark, and the ground was uneven. Should he be compensated for medical fees?
14 ANSWERS
You would have to be able to show that the unevenness caused his fall. If there was a pothole of a significant change in elevation, you might have a case, but if the unevenness is just a slight change in elevation, then you probably would not succeed. ?All you can do is contact the resorts insurance company and if they do not accept liability go to an attorney and see if they feel you have a case.
Answered on Jan 07th, 2014 at 8:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You always have to prove negligence on the part of one party and absolutely none on the other party, can you do that here?get you a PI lawyer for full review.
Answered on Jan 07th, 2014 at 8:22 PM
Edwin K. Niles
If you can prove negligence on the part of the property owner, and can prove that your son was not negligent for walking into a dark area, you may have a good claim.
Answered on Jan 07th, 2014 at 8:22 PM
Ronald A. Steinberg
The property owner is responsible for defects of the property. The natural condition of property, such as uneven ground, is something that does not necessarily make the property owner responsible for controlling. It is only when the property owner does something, like paves a parking lot, or constructs a dock, and the job performed is inadequate.
Answered on Jan 07th, 2014 at 8:21 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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He should be compensated for his medical bills, past, present, and future, and for the full extent of his injuries and damages relating thereto.
Answered on Jan 07th, 2014 at 8:21 PM
Advocacy Attorney serving Boca Raton, FL
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Steven H. Meyer, P.A.
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I'm sorry to hear about your son's injury. He should consult with an attorney in the area right away. There are strict time limits in each state for making a claim. Please make sure that it is someone who is experienced in handling these type of cases. I am not sure where this occurred, but if it happened in Florida, then we would be happy to speak with you or him about the situation. I am board certified in civil trial law, which means that I'm an expert in handling civil trial cases. This area includes injury cases of this type. In fact, our office has handled a number of parking lot injury cases. We offer a free initial consultation.
Answered on Jan 07th, 2014 at 8:21 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Yes he should.
Answered on Jan 07th, 2014 at 8:19 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can ask. If he had been drinking or running and not paying attention, it will be difficult to prove a case.
Answered on Jan 07th, 2014 at 8:18 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Contact the property manager, they may have med pay insurance that will pay upto a certain limit( $1,000 OR 5,000) without litigation. If his injuries are serious he should consult an attorney in the area where this occurred.
Answered on Jan 07th, 2014 at 8:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Would need a lot more information to go on, but he should folllow up. Find a personal injury lawyer in the area where the accident occurred.
Answered on Jan 07th, 2014 at 8:17 PM
James Eugene Hasser
It is possible that your son could be compensated. It depends on whether the owners and/or operators of the parking lot knew or should've known that there was a problem and failed to correct it or warn against it. It also depends on whether the conditions in the parking lot are considered to be open and obvious. However, if the owners had a med pay provision on their premises liability policy, it will pay for medical bills, regardless of fault. Good luck.
Answered on Jan 07th, 2014 at 2:11 PM
Your son would have to prove that the owner or custodian was negligent in maintaining the property. Under Louisiana law, the owner or custodian is liable for damages resulting from a premises defect, but must show that the owner or custodian knew or in the exercise of reasonable care, should have known of the ruin, vice or defect that caused the injury. Further, your son must prove that the injury and damage could have been prevented by the exercise of reasonable care and that the owner or custodian failed to exercise such care. These type of cases often are very fact sensitive. He needs a lawyer to properly handle the claim.
Answered on Jan 07th, 2014 at 2:11 PM
1 Award
If it can be proved that the parking lot was not as safe as it should have been, your son might be able to recover compensation for his injuries, including the medical expenses and his pain, suffering, and disability. Depending on your son's age, the statute of limitations in Wisconsin may run as soon as three years from the date of his injury.
Answered on Jan 07th, 2014 at 2:10 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If there was medical payments coverage at the property, then that insurance should pay for the medical bills up to the limits of the med pay coverage. If there is no med pay coverage, then you would have to proceed against the bodily injury coverage, and you would have to prove the property owner was negligent in order to do so. Simply because there was insufficient exterior lighting in and of itself may not be sufficient to prove negligence.
Answered on Jan 07th, 2014 at 2:10 PM