If 2 children were playing unattended in an upstairs bedroom and 1 was injured at a birthday celebration party held at preschool, who is liable?

Thery were bouncing on the upper bunkbed. Child 1 and Child 2 collided sending Child 1 off the railside of the bunk. Child 1 sustained injury to his elbow requiring surgery. Child 1’s parent informed Child 2;s parent of the accident and informed them that any cost due to accident would be the responsibility of Child 2’s parent. Since the children were in the care of the parent giving the party and the children were in unsupervised play, who is liable for Child 1’s injuries?

Asked on August 3, 2014 under Personal Injury, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The pre-school is liable because the injury occurred on its premises.  Child 1's parent should file a claim with the insurance carrier for the pre-school.  The claim would be compensation for the medical bills and compensation for pain and suffering.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills, based on the information in the medical report(s). 

If the case is settled with the pre-school's insurance carrier, NO lawsuit is filed.

If the case is NOT settled with the pre-school's insurance carrier, the parent of Child 1 could file a lawsuit against the pre-school  based on premises liability, and would also name the parent, who was giving the party, as a defendant based on negligence (negligent supervision of the children).


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