QUESTION

Who is liable if two kids are playing hockey in the yard and one kid is injured?

Asked on Jun 07th, 2011 on Personal Injury - Florida
More details to this question:
Four boys were playing hockey in the backyard. One boy swung the stick, and another boy wass playing goalie and bent down and got hit in the face with the stick. The boy got stitches in the ER. Who is responsible for that ER bill?
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16 ANSWERS

Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Jul 11th, 2013 at 11:46 PM

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Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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Generally, children are held to different standards for the purpose of liability. If the children were simply playing and it was an accident, the child may not be liable. I would need additional facts to come to any certain conclusion; however, there may be some insurance coverage available from the medical payments portion of the home-owners insurance policy which would help pay for a portion of the medical expenses. If you need any additional information, please feel free to send me an email or visit our website. I wish you the best of luck with your case. Thank you.
Answered on Nov 06th, 2012 at 11:19 AM

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As long as this was not an intentional act, but was truly an accident, I do not believe liability would arise in this situation, based on the facts you have presented.
Answered on Jun 13th, 2011 at 9:42 AM

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Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
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No one is necessarily liable. It is an assumed risk of the game. The way you described the incident the injured player was just as responsible for bending down as the boy who swung the stick.
Answered on Jun 10th, 2011 at 11:43 AM

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My opinion is that there is no liability, at least in Washington. There is an assumption of risk in engaging in a sport. If the risk is inherent in the sport, it is difficult to establish liability on the owner of the property or a co-participant. That said, if the backyard where the incident took place is covered by a homeowners policy, they may pay the bill under a no fault medical payment provision.
Answered on Jun 10th, 2011 at 9:52 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No one is liable. Kids sometimes get hurt when they play.
Answered on Jun 10th, 2011 at 9:00 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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The hurt child's parents would be responsible. Parents have a legal duty to pay for medical treatment for their children. I do not believe any of the other children in the hockey game or their parents would be liable the way you describe the event. You might check with the homeowner's insurance company as to whether they cover medical bills for injuries on the premises regardless of fault. This is usually called "med Pay" coverage. Some policies provide this coverage.
Answered on Jun 10th, 2011 at 8:56 AM

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Wrongful Death Attorney serving Salem, OR at Swanson Lathen Prestwich, PC
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It probably is the case that the parents of the boy that was injured is responsible for the medical bill. You would have to show that the boy who hit the injured boy was negligent in some way for him or his parents to be responsible. That does not sound like the case here. However, most homeowners' policies have coverage for something called med-pay, which covers medical bills no matter who is at fault or even if no one is at fault. You should speak to the homeowner of the place where in the injury occurred and find out about their insurance coverage for this.
Answered on Jun 10th, 2011 at 8:50 AM

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Personal Injury including Litigation Attorney serving Wilmington, DE at Ramunno & Ramunno, P.A.
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Maybe the owner of the property has med-pay insurance, or if you have health insurance.
Answered on Jun 10th, 2011 at 8:49 AM

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Railroad Injuries Attorney serving Portland, OR
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If the boy swinging the stick was negligent, that is, he did something that was careless or unreasonably dangerous, than that boy's parents might be liable, depending on the law of the state in which the injury occurred. But in your case, it sounds more like bad luck than negligence. In that case, the injured boy's parents will have to pay the bill.
Answered on Jun 09th, 2011 at 11:55 AM

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In that type of accident, there's no real liability there (in terms of filing a lawsuit), so hopefully the injured person was insured and his insurance will cover the bill. That said, from the standpoint of just being a compassionate human being, the person who did the injuring should offer to pay the bills.
Answered on Jun 09th, 2011 at 11:51 AM

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Car Accidents Attorney serving Salem, OR at Howard W. Collins
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Probably no one. They were playing a game that has an inherent risk of injury. Unless there was evidence it was intentional, it was an accident; not negligent; not careless or reckless; just an accident. I only put the word probably in front of no one, because in this crazy world some people will attempt to sue for ridiculous things, so I cannot just say No one; but if I could I would.
Answered on Jun 09th, 2011 at 11:51 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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Where did this event take place? If the kid hurt was a guest, the homeowners insurance policy probably has a $5,000 med-pay provision that may provide coverage for the bills. Check with the insurance company. Given the inherent risk and the fact that it was not intentional, it will be difficult to assess the medical expenses against the parents of the kid who struck the injured boy. If it was intentional, parents can be held liable up to $25,000 for the actions of their child. Civil Code Section 1714.1 provides: 1714.1. (a) Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. Subject to the provisions of subdivision (c), the joint and several liability of the parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law. (b) Any act of willful misconduct of a minor that results in the defacement of property of another with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney's fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor. (c) The amounts listed in subdivisions (a) and (b) shall be adjusted every two years by the Judicial Council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index. The Judicial Council shall round this adjusted amount up or down to the nearest hundred dollars. On or before July 1 of each odd-numbered year, the Judicial Council shall compute and publish the amounts listed in subdivisions (a) and (b), as adjusted according to this subdivision. (d) The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed. (e) Nothing in this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000).
Answered on Jun 09th, 2011 at 10:39 AM

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Personal Injury Attorney serving Portland, OR at Law Offices of Thomas Patton
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The home owners policy of the person who owned the yard in which they were laying will probably provide coverage for the loss.
Answered on Jun 09th, 2011 at 10:20 AM

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Litigation Attorney serving Portland, OR at Daniel G. Hoarfrost
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The parent of the injured boy is responsible.It doesn't sound like there was any negligence involved.If no health ins. is available, frequently, homeowner's ins. will have medical bill coverage sufficient to cover an ER visit.
Answered on Jun 09th, 2011 at 10:20 AM

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Bad Faith Attorney serving Orlando, FL at Riley Allen Law
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How about your personal or group health insurance carrier? It's an accident. You've been watching too many Dan Newlin idiot commercials. The homeowner may have medical payments coverage that would apply (if they own the home), but personally it's an accident and I would take care of my own child and not be looking for someone to pay for it. Semi-ridiculous in my opinion. Sorry. And, I have 3 boys.
Answered on Jun 09th, 2011 at 10:09 AM

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