Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
There is no simple answer to your Virginia personal injury question. The mere fact that your son was injured at the house of another does not make the owner responsible. To recover damages, you must first establish that there was negligence and that he negligence was the cause of the injury. Your son probably has the status of a social invitee and so the duty owed to your son is one of reasonable care. More facts are required in order to determine if there is any negligence. There may also be an insurance policy covering the dwelling that has medical payments coverage. That type of coverage will pay for medical expenses without proof of fault. Usually such coverage is limited to a couple of thousand dollars. Good Luck.
Answer Applies to: Virginia
Law Office of Mark J. Leonardo | Mark Leonardo
Most homeowners policies have a med-pay provision that pays medical expenses for injuries that occurred on the property regardless of fault. Usually up to $5,000. You may be in a situation where the insurance company is taking advantage of you because you are not represented by counsel. Call and ask the adjuster if there is a med-pay provision. If you get nowhere, tell the kids parents you are going to sue unless they cooperate. If that gets you no where, sue in small claims.
Answer Applies to: California
Law Office of Jared Altman | Jared Altman
If someone was at fault then they are responsible under tort law. They are not immune because they are less than 18 years old. In such cases minors are expected to exercise that degree of care that a reasonably mature and prudent minor of the same age would have if facing the same set of circumstances.
Answer Applies to: New York
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Whether someone is liable for a physical injury to another person is dependent on the facts of the case. Here you have provided only that your son was injured at his friend's home. How was he injured? If your son's friend did something negligent to cause your son's injury, then maybe you can hold the friend liable for the injury. If your son was the one that was negligent, then no, you most likely will not be able to hold the friend liable. Other factors that may play a part in such a lawsuit include how old the friend is, how old your son is, who owns the home, were the owners there or away, was there sufficient supervision, was the injury caused by a hazardous situation at the home, etc.
Answer Applies to: Oregon
Magnuson Lowell P.S. | Richard S. Lowell
Most homeowner policies have a provision which pays for some medical expenses of someone hurt on the property - regardless of fault. Those provisions, if they exist, are usually for only about $1000. You should ask the friends (or their insurer) if their policy has such a provision. Otherwise, the friends won't be liable unless they were negligent. If they were, you can always bring a claim against the friends in small claims court. If you win, the insurer will probably have to pay the judgment.
Answer Applies to: Washington
Law Offices of Richard Copeland, LLC | Richard Copeland
Your question can't be answered directly with the facts given. You may be able to hold the homeowner liable if your son's injury was the result of a dangerous condition on the property. You may also be able to hold your son's friends liable, but you will have to show that they did something negligent, in other words, acted in an imprudent manner taking their ages into account. Be aware, however, that your son's own actions will be judged by the same standard. If he's found 50% at fault, you lose. Find out if the homeowner has medical payments coverage. If so, this type of no fault insurance may be the best way of getting those bills taken care of.
Answer Applies to: Colorado
Law Office of Russell D. Gray, PC | Russell D. Gray
It depends on how your son was injured and whether you can prove there was negligence (sometimes intentional conduct is covered as well, but Utah law is somewhat complicated in that area). You should contact an attorney with this question, to see if you have any recourse against the homeowner.
Answer Applies to: Utah
Barry Rabovsky & Associates | Barry Rabovsky
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.
Answer Applies to: Illinois
Coulter's Law | Coulter K. Richardson
If your son's friends were negligent, they are liable. Proving negligence is not always very easy. The amount of money is something that can be handled in small claims court. One, stop listening to THEIR insurance company. They are not lawyers and they don't represent you. Two, if your son is still friends with these people, you may want to hold off on suing them. Some people are enlightened and realize that it is just money, while others are not and suing them will irretrievably end the relationship.
Answer Applies to: New Jersey
Rothstein Law PLLC | Eric Rothstein
First, you need to ask the insurance company if the policy has a medical pay provision. This pays medical bills up to the policy limit regardless if the owner was negligent. Second, if the policy doesn't have medical pay, you can pursue a claim with the carrier if the friend or owner was negligent. You can't recover just because your son got hurt - you have to show negligence. Assuming you can, payment for medical bills is a component of damages along with pain and suffering and lost income, to name a few.
Answer Applies to: New York