QUESTION
Who is liable? The homeowner that owned the property or should we try to track down the child that caused the damage?
Asked on Jun 13th, 2013 on Personal Injury - New Jersey
More details to this question:
My son was at a friend's birthday party and a bunch of kids were playing soccer in the grass. A bigger boy pushed my son to the ground as he was trying to get up he yelled stop my arm hurts and the other boy jumped on his back breaking my son's elbow in several places. He needed surgery to reconstruct his elbow with pins and a cast from fingertip to shoulder. He was in the hospital for 3 days as a result.
8 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Negligence claims in Michigan are based on some one being negligent. If you could prove the homeowner was somehow negligent in causing the injury to your son, then you could make a claim against them. However, if some bigger child decided to do what you mention, it is difficult to see how the homeowner would have known same would happen and somehow been able to prevent the incident. It is likely that your claim is directly against the attacker, but some problems will be whether there is homeowners insurance that covers him and/or if his actions are excludable from coverage. You really should consult local Michigan counsel that regularly handles assault, negligence, premises and/or homeowner insurance claims for a more detailed analysis.
Answered on Jun 15th, 2013 at 7:20 AM
James Eugene Hasser
The homeowner would have no liability; you could look to the child and his parents, but could you collect? If the homeowner has a premises liability policy that has a medical payments provision, it will pay the medical bills only, regardless of liability.
Answered on Jun 14th, 2013 at 10:41 AM
Ronald A. Steinberg
Sue
Answered on Jun 14th, 2013 at 10:07 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The parents of the kid can be held liable to the statutory limit. The homeowner's insurance would likely pay the med-pay amount (usually $5000) for medical expenses, regardless of fault.
Answered on Jun 14th, 2013 at 9:10 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The homeowner, if he or she has a homeowner insurance policy, should have a premises medical payments provision that will pay up to a fixed sum for medical costs. Unless you can show negligence on the homeowner's part, that may be all you can get from him or her. You may have better luck against the homeowner policy of the family of the kid who hurt your son. You should at least try to identify the kid to determine if there's any recovery available. Maybe the kid should be prosecuted criminally as well.
Answered on Jun 14th, 2013 at 8:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Children are often hurt at play. You cant sue a child and you cant sue a parent of a child. And the homeowner has no part in this. Looks like you are stuck with one of those things that happen in life.
Answered on Jun 14th, 2013 at 8:50 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Track down the child who caused the injury and make a claim against his parents' homeowner's insurance. There should be medical payments coverage on the home where the accident occurred that should cover your son's medical bills up to the MedPay limits (typically $5,000).
Answered on Jun 14th, 2013 at 8:49 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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I would name both in a lawsuit.
Answered on Jun 14th, 2013 at 8:49 AM