Is a property owner liable when someone is injured on their property but it’s from an outside source?

My daughter went to a party and someone threw an explosive device over fence and it exploded next to her. She was badly injured. Can I sue homeowner for medical and/ or suffering?

Asked on June 18, 2017 under Personal Injury, California

Answers:

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

Answered 3 years ago | Contributor

The property owner is liable for your daughter's injuries.
Prior to filing a lawsuit based on premises liability against the landowner, it may be possible to settle the case with the homeowners insurance.
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills, medical reports and if applicable, documentation of wage loss.
Her personal injury claim filed with the homeowners insurance should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the injuries and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the homeowners insurance,NO lawsuit is filed.
If you are dissatisfied with settlement offers from the homeowners insurance, reject them and file a lawsuit on behalf of your daughter against the landowner based on premises liability. If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf. 
If the case is NOT settled , the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.