QUESTION
What rights do I have if my child was burned in an accident in a friend's house?
Asked on Mar 04th, 2013 on Personal Injury - Michigan
More details to this question:
My child was burned at accident in a friend’s house. What are my rights?
12 ANSWERS
You probably have a claim against whoever was responsible for the accident. You could make a claim against the homeowner's insurance on the house.
Answered on Mar 08th, 2013 at 11:46 PM
You could sue the friend. I would first make sure the child is ok and take him to seek appropriate medical care for the burns. But, if the child suffered injuries at the friend's house, the friend could be sued. Contact a lawyer.
Answered on Mar 06th, 2013 at 2:03 PM
Ronald A. Steinberg
You have the right to make a claim on your child's behalf. That means that you do not get any of the money, except to reimburse you for any medical expenses.
Answered on Mar 06th, 2013 at 2:03 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The starting point is to determine if someone was negligent in terms of causing the fire. Then, if there was negligence in terms of causing the fire, was there negligence that caused your child to be burned. Then, assuming that the home owners had liability insurance, you should be covered under the homeowners' policy. (If the homeowners are purchasing the home and have a bank loan or mortgage company loan, the lender almost always requires proof of the existence of insurance.) Check with your friends to see if they have insurance. Best advise would be to contact an attorney before you do anything further.
Answered on Mar 06th, 2013 at 2:01 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Rights? You can sue your neighbor if you care to. You must prove negligence, not just a simple "accident". Most people nowadays don't sue friends and neighbors, but then this is a new day isn't it?
Answered on Mar 06th, 2013 at 1:59 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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You can make a claim against the homeowners insurance policy for payment of medical bills, pain and suffering and any existence of permanent injury. You should contact a personal injury attorney immediately to help you with the situation.
Answered on Mar 05th, 2013 at 12:36 PM
James Eugene Hasser
The real question is what rights do you have on behalf of your child? That depends on how your child was burned and whether the homeowner was negligent. A detailed examination of what happened is necessary to determine liability. The general rule is that a landowner is liable for all hazards which are not open and obvious for which the homeowner neither warns or guards against. Special rules apply to children and vary according to their capacity to understand, or appreciate the danger. Another question is how badly was your child burned? Is it worth suing your friend over? Depending on how the policy is worded, you may not be able to sue the insurance company direct; you may wind up having to personally sue your friend. One thing you may want to consider is making a medical only claim on your friend's homeowners policy. If there is a med pay provision in the policy, they will pay the bills regardless of fault. Be aware that if your medical insurance company pays anything, they will want their money back.
Answered on Mar 05th, 2013 at 12:36 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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You would be entitled to medical benefits under the home owners policy and possibly a negligence claim also depending on the facts.
Answered on Mar 05th, 2013 at 12:34 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the homeowner was negligent, then the homeowners insurance should compensate you.
Answered on Mar 05th, 2013 at 12:34 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on how the accident occurred. I your friend was negligent in some way, you could file a lawsuit against your friend and his/her homeowners insurance may pay the damages. If it was caused by a defective product, you could sue the manufacturer of the product. If it was your fault, the child could sue you and you might have some insurance coverage that would pay the damages. In any accident, your rights depend on how the accident occurred and what caused the accident.
Answered on Mar 05th, 2013 at 12:34 PM
Christian Joseph Menard
You do not say how the accident happened nor the extent if your childs injury. If your child was burned as a result of the negligence of your friend, then you may have a case against your friend. I would ask your friend whether she carries homeowners liability insurance. If she does, I suggest you discuss the matter with her and explain you want to make a claim against her so she can turn the matter over to her insurance carrier. Explain that you are not seeking to sue her for her personal assets, but only for her insurance coverage. You need to be tactful if you want to maintain your friendship with this person.
Answered on Mar 05th, 2013 at 12:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the circumstances of the accident.
Answered on Mar 05th, 2013 at 12:32 PM