QUESTION
What do I need to do if my child accidentally causes the Injury of someone else.?
Asked on Jul 08th, 2011 on Personal Injury - Florida
More details to this question:
We were on vacation and my 7 year old daughter pulled the beach umbrella out of the hole and the wind blew it out of her hand and the umbrella hit a woman in the head. What do we need to do? What can happen?
14 ANSWERS
Workers Compensation Attorney serving West Palm Beach, FL
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I would just wait. They are going to look for insurance against owner of property.
Answered on Jul 04th, 2013 at 2:07 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Typically, in Louisiana, a child cannot be held responsible for some actions that may cause injury. There are many other questions that I have that surround this inquiry. Was the woman injured? If so, what type of injuries? Does the woman have your contact information? Etc. I would love to get more information from you to ascertain what, if anything, you have to worry about.
Answered on Jul 13th, 2011 at 12:30 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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I would advise you to do nothing at this point. If someone is going to sue you for a personal injury they have two years to do so, but generally they will let you know within a couple of months. If they do sue, you will likely get a letter from an attorney telling you there is a claim. At that point you should seek the advice of counsel. You should also determine if your homeowner's insurance will cover and / or defend the claim for you.
Answered on Jul 12th, 2011 at 3:07 PM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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From a strictly legal standpoint, there isnt much you need to do right now. There is a question whether any liability would attach to a situation like this, just because it was an accident doesnt mean negligence was involved. You can wait and see if the woman notifies you of a claim, then contact your homeowners insurance company. They will determine if you are covered for this kind of situation, and if so, they will handle it from there. If you are not covered, or do not have insurance that might cover you, you can either negotiate with the woman yourself or hire an attorney to do so on your behalf. If you dont want to wait, you can contact the woman now, but if she wasnt considering making a claim before, you may give her an idea to do so. From a moral standpoint, if you feel you are responsible and want to offer to pay the womans medical bills, if any, you can do that, just ask for a signed release before you pay any money to fully protect yourself.
Answered on Jul 12th, 2011 at 11:11 AM
Steven D. Dunnings
Wait and see if you get a letter from a lawyer or a lawsuit. If either happens, see if you have any insurance that covers such an incident, and if so, turn over all information to your insurance company.
Answered on Jul 12th, 2011 at 10:41 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Parents are not liable for the torts of their minor children. Check your homeowners policy or umbrella policy to see if this sort of thing might be covered.
Answered on Jul 12th, 2011 at 10:20 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Report it to your insurance company. If a public beach, also report it to city. If private, report it to owner. You are responsible for injuries caused by a minor child.
Answered on Jul 12th, 2011 at 6:49 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Legally, you are probably not be responsible for any injury or medical cost. The injured woman would have to show thqt you were negligent in some way, and this looks like an accident that just happened and no one is at fault. If she does sue you (which I doubt will happen) and if you own a house, contact your homeowners insurer, your homeowners insurance may cover any damage.
Answered on Jul 11th, 2011 at 4:13 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you have homeowner's, condominium owner's or apartment renter's insurance, then you must immediately notify your insurance company or you might lose coverage. If not, then you might just want to lay low.
Answered on Jul 11th, 2011 at 4:08 PM
You should locate theinjured party, offer an apology and pay for her injuries if she incurred and medical expenses. However, if she plans to sue, you may later retain a personal injury defense attorney to protect your daughter's and her parents' interest.
Answered on Jul 11th, 2011 at 3:11 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Report it promptly to your homeowner's insurance company. It doesn't sound like your child was negligent, but it's better to report it to be on the safe side.
Answered on Jul 11th, 2011 at 2:52 PM
Bankruptcy Attorney serving Santa Ana, CA
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Sariol Legal Center
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There is not really a lot you can do, except be very nice to the person that got hit with the umbrella. If she sues you for damages, check and see if any of your insurance policies will cover this act (auto, homeowners, umbrella [no pun intended]). If you are not covered, then get yourself a lawyer to help you.
Answered on Jul 11th, 2011 at 2:52 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can be held liable for the negligence of your daughter. If you have homeowners insurance, contact them to see if they will cover you for this, even if it occurred away from you home.
Answered on Jul 11th, 2011 at 2:49 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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She's a child and though capable of being negligent, that's not a case most lawyers would want to take on against your daughter. If any claim is made, turn it over to your homeowner's insurance carrier and they should take care of it.
Answered on Jul 11th, 2011 at 2:47 PM