Who is liable if two kids are playing hockey in the yard and one kid is injured? 29 Answers as of July 11, 2013

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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Jones, Boykin, & Associates, P.C.
Jones, Boykin, & Associates, P.C. | Noble L. Boykin, Jr.
In response to your question, I'm assuming that the child who hit the other child with the stick was in his own yard. Assuming that is the case, the parents of the boy who swung the stick would have some liability for a negligent tort committed by their child. If there is homeowners coverage on the house where the incident occurred, there could be medical pay coverage on that policy to pay an emergency room bill. I would start with the homeowner and ask them for information as to their insurance coverage. Failing that, if you have major medical coverage on the child that would also apply.
Answer Applies to: Georgia
Replied: 6/13/2011
Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
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.
Answer Applies to: Texas
Replied: 6/13/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
No negligence described which means the parent of the injured child is responsible for the bill.
Answer Applies to: Virginia
Replied: 6/13/2011
David Hoines Law
David Hoines Law | David Hoines
From what you say, maybe the one who swung the stick perhaps his parents homeowners insurance, if any, will pay.
Answer Applies to: Florida
Replied: 6/10/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
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.
Answer Applies to: California
Replied: 6/10/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    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.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    Generally absent intentional infliction of harm , when one participates in a sporting activity they are assuming the risk of getting hurt.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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.
    Answer Applies to: Illinois
    Replied: 7/11/2013
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    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.
    Answer Applies to: Ohio
    Replied: 11/6/2012
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Really nobody is except the boy's parents. This was just an accident.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No one is liable. Kids sometimes get hurt when they play.
    Answer Applies to: North Carolina
    Replied: 6/10/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    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.
    Answer Applies to: South Carolina
    Replied: 6/10/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    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.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Maybe the owner of the property has med-pay insurance, or if you have health insurance.
    Answer Applies to: Delaware
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Well you could put the homeowner's policy on notice to see if a medpay provision would cover it or liability coverage would cover it. If it is permanent or just real expensive over time, you may be able to get a lawyer to handle the claim. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    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.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    The Trial Law Offices of Bradley I. Kramer, M.D., Esq.
    The Trial Law Offices of Bradley I. Kramer, M.D., Esq. | Bradley Kramer
    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.
    Answer Applies to: California
    Replied: 6/9/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    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.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    The homeowner would be responsible for the ER bills.
    Answer Applies to: Pennsylvania
    Replied: 6/9/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Unless there was an assault [ boy with stick hit other kid for no legitimate reason], hockey is a dangerous game. I would argue that playing is consent to accidental harm. Though there may also be questions re supervision.
    Answer Applies to: California
    Replied: 6/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Initially the parents who may have a claim against the home owner.
    Answer Applies to: Connecticut
    Replied: 6/9/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    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).
    Answer Applies to: California
    Replied: 6/9/2011
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    There is a legal theory called assumption of the risk. This means the hockey player assumed the risk of the dangers inherent in playing hockey. It sounds like this would apply to your son's injury so you are likely on the hook for any medical bills if this was your son.
    Answer Applies to: California
    Replied: 6/9/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    The answer depends in part on your particular jurisdiction, but most states would not hold the property owner or the parent of the child who inadvertently inflicted injury responsible unless there was something particularly dangerous about the event (e.g., if it was totally unsupervised and the children were very young, which may be considered negligent), especially if both parents consented to the activity. If the parents of the injured child have health insurance, it should cover the cost of the medical treatment regardless of fault. If you feel that the game was unsupervised or otherwise unnecessarily dangerous, you should discuss those details with a lawyer in your local area.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    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.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    The home owners policy of the person who owned the yard in which they were laying will probably provide coverage for the loss.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    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.
    Answer Applies to: Florida
    Replied: 6/9/2011
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