Is a corporation liable for injuries sustained at a subsidiary entity of that corporation? 14 Answers as of April 01, 2013

I got hurt at a hospital that is wholly owned subsidiary of a Corporation. Are both the subsidiary and corporation liable for my injuries?

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Durham Jones & Pinegar | Erven Nelson
Probably not, but it depends on the corporate papers.
Answer Applies to: Nevada
Replied: 4/1/2013
Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
A parent corporation is liable for the conduct of its subsidiary if it controls the subsidiary to the point where there is no distinction between the two. Normally, you would only go after the parent corporation if the subsidiary does not have enough assets to pay for your damages. Normally, a hospital carries sufficient liability insurance to cover most damage claims against it, so it would be mere academics to worry about going after the parent corporation. It can be a lengthy and expensive process to prove the degree of control that a parent corporation has over its subsidiary. It can be done, but you have to ask yourself is it worth it if the subsidiary has sufficient assets, or insurance, to cover your claim.
Answer Applies to: California
Replied: 2/26/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
They probably are both liable but would also probably be covered under at least one of the same insurance policies.
Answer Applies to: California
Replied: 2/24/2013
Midway Law
Midway Law | Joseph I. Silverzweig
This question is very difficult to answer accurately without more facts. However, if you were injured at a hospital, it is a near certainty that they have adequate insurance coverage to compensate you for any damages they may be liable for. You should contact a personal injury attorney immediately, or a medical malpractice attorney if your injury were the result of a medical procedure. They will be able to review your case and determine the best course of action moving forward. A word on attorneys: it's tempting to open the phone book and call the first personal injury attorney you see, but you should know that the big personal injury firms work thousands of cases at a time, and often times push their clients to settle even when they have good odds at trial. You will get better, more personal service and potentially a better outcome by looking for a smaller firm who will really be focused on you.
Answer Applies to: Utah
Replied: 2/24/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
Depending on how the accident happened, neither may be liable. A business is not automatically liable for injuries that happen on its premises. Normally, you must show that the accident occurred because of Negligence on the part of the business. if there is a basis for liability, the parent corporation will likely no be liable.
Answer Applies to: South Carolina
Replied: 2/22/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    This depends on the details of ownership and the level of control exercised over the subsidiary, particularly with regard to the circumstances of your accident. If the parent controlled or reserved the right to control the circumstances with the subsidiary that caused your accident, then it could be held accountable. It depends on the fact of the case. In other words, the devil is in the details.
    Answer Applies to: Alabama
    Replied: 2/21/2013
    S. Joseph Schramm | Joseph Schramm
    It depends, but usually you would look to either one, the other or both to compensate you. The hospital where you were injured would be potentially liable because that was where you were injured. However, the parent could also be responsible based on a theory of control and direction over the actions of the subsidiary.
    Answer Applies to: Pennsylvania
    Replied: 2/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depends on the details but I would guess not as that is generally why subsidiaries are set up.
    Answer Applies to: Michigan
    Replied: 2/21/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Yes, but there can be only one recovery for your injury; you will not be getting more money as the result of having more than one defendant.
    Answer Applies to: New York
    Replied: 2/21/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    A corporation is a legal entity. If it owes you it owes you and not necessarily every corporation that may own all or part of it.
    Answer Applies to: North Carolina
    Replied: 2/21/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It is doubtful that the parent corporation is liable, particularly if it did not have anything to do with your care. That is one of the major points of corporations, to remove liability.
    Answer Applies to: Idaho
    Replied: 2/21/2013
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