If my son broke his ankle at his friend’s wet kitchen floor, should his parents help us pay for our son’s medical and surgical cost we are about to face?

UPDATED: Jun 10, 2014

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If my son broke his ankle at his friend’s wet kitchen floor, should his parents help us pay for our son’s medical and surgical cost we are about to face?

Asked on June 10, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The friend's parents are not automatically liable, or financially responsible. They may be liable if it would be considered to have been negligent, or unreasonably careless, for the floor to be wet. That depends on the circumstances; and another factor, also dependent on circumstances, is whether your son was careless, since his own negligence could undermine their financial responsibility. So, if, say, your son spilled on the floor, that's not their fault, and they would not be liable; if they just mopped the floor, but told your son, "don't go in there; the floor's wet" and he went in anyway, he would have been careless and they meanwhile would have been careful (they warned him) and so there  would not likely be liability. If on the other hand they just mopped or waxed the floor while guests (including children--your son) were over and did not warn anyone about that, that may be negligent and they might be liable.

You can ask them to contribute; if they will not, you'd have to sue them and prove in court that they were negligent and also, if they raise your son's negligence as a defense to offset their own fault, that your son was not.

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.

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