If an 8 year old boy was minmally injured at a birthday party at my daughter’s home, if his mother is now seeking restitution, what recourse does she have?

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If an 8 year old boy was minmally injured at a birthday party at my daughter’s home, if his mother is now seeking restitution, what recourse does she have?

The boy’s teeth went through upper lip.

Incident took place on a trampolinethere is a sign on it stating use at you own risk and his father was made aware where he was behaving recklessly as witnessed by another parent guest. He was also witnessed to be inside the house attempting to climb on kitchen counters,going down a slip-n-slide in an unsafe manner. The boy was taken to hospital by his father where he received stitches to his upper lip. His parents are divorced. His mother took him to dentist 2-4 days later. She stated he was to do nothing strenuous – no birthday at a waterslide, and had to have food cut up in small pieces for up to a month. There is documentation showing both of these recommendations were ignored. She has threatened my daughter with a lawsuit and harassment stating in a text to her ex-husband that,

Asked on September 27, 2017 under Personal Injury, New York

Answers:

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

Answered 4 years ago | Contributor

As the owner of the property, your daughter is liable for the kid's injury even if it was caused by his misbehavior.
It would be advisable for your daughter to refer the matter to her homeowner's insurance carrier which will handle it for her.


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