Can I hold my son's friends liable for his injury? 29 Answers as of July 03, 2013

My son was injured at a friend's home. Their insurance company claims their clients are not liable for any medical expenses. There are around $2000 dollars that my insurance hasn't paid.

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Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You don't say what the facts are, but if the injury was caused by carelessness the "friends" may be liable
Answer Applies to: North Carolina
Replied: 8/19/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Consult with or retain a local accident or personal injury attorney to represent your son, if he is a minor and you.
Answer Applies to: Indiana
Replied: 8/19/2011
Wilson & Hajek,LLC, a personal injury law firm
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
Replied: 8/19/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
There is not enough information in your question to determine liability. How was your son injured? Did he contribute to his injury, etc.
Answer Applies to: Connecticut
Replied: 8/19/2011
Law Office of Mark J. Leonardo
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
Replied: 8/19/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    They would be liable if they were negligent and their negligence caused the accident and the injury. Otherwise they are not responsible for the bills.
    Answer Applies to: South Carolina
    Replied: 8/19/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can file a claim with the friends insurance company or file suit.
    Answer Applies to: Pennsylvania
    Replied: 8/19/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    It depends how your son was injured and if his friend was at fault. Also, did he contribute to his own injuries? Most you can do is sue the friend in small claims court and lose the friendship.
    Answer Applies to: California
    Replied: 8/19/2011
    David Hoines Law
    David Hoines Law | David Hoines
    You will need to file a lawsuit.
    Answer Applies to: Florida
    Replied: 8/18/2011
    Law Office of Jared Altman
    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
    Replied: 8/18/2011
    The Law Office of Josh Lamborn, P.C.
    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
    Replied: 8/18/2011
    Magnuson Lowell P.S.
    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
    Replied: 8/18/2011
    Law Offices of Richard Copeland, LLC
    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
    Replied: 8/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    if their insurance won't pay you will have to bring a lawsuit
    Answer Applies to: Connecticut
    Replied: 8/18/2011
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    Please contact a personal injury or negligence attorney and meet for an hour to see if you have a claim based on the facts and the policies in effect. .
    Answer Applies to: Oklahoma
    Replied: 8/18/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Depends how the accident happened and what type of homeowner's insurance they have.
    Answer Applies to: Florida
    Replied: 8/18/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. Depends on type of accident and depends on policy.
    Answer Applies to: Florida
    Replied: 8/18/2011
    Law Office of Russell D. Gray, PC
    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
    Replied: 8/18/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    All homeowners insurance should have coverage for household accidents. Hire a Personal Injury Lawyer perhaps a new one since the damages are so small
    Answer Applies to: Tennessee
    Replied: 8/18/2011
    Barry Rabovsky & Associates
    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
    Replied: 8/18/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    If he was negligent, sue him in Justice Court. Call your county courthouse and talk with the clerk of court.
    Answer Applies to: Montana
    Replied: 8/18/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Every homeowners' policy has "medpay" coverage, up to a limited amount, perhaps $1,000 to $2,000. I is no fault coverage.
    Answer Applies to: New Jersey
    Replied: 8/18/2011
    Coulter's Law
    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
    Replied: 8/18/2011
    Rothstein Law PLLC
    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
    Replied: 8/18/2011
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