What to do if a neighbor’s 8 year old broke their arm on our trampoline?

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What to do if a neighbor’s 8 year old broke their arm on our trampoline?

My son invited him on. And they together did not zip shut the inclosure and the neighbor fell off backwards, breaking his arm. The parents home is in direct view of the trampoline from their home and on every occasion gave him permission and knew he was on it. The parents are very negligent to being attentive to their children in the neighborhood as they have almost been hit by cars, come into my garage, home and yard without my permission. Afraid I will be sued over trampoline injury. How do I fight this considering every time they knew there child was on it and injury could occur?

Asked on July 29, 2013 under Personal Injury, Ohio

Answers:

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

Answered 8 years ago | Contributor

Unfortunately, as the owner of the property, you are liable for the child's injury regardless of the action or inaction of the child's parents.

It would be advisable to contact your homeowner's insurance carrier.  When the child completes his medical treatment, his parents will file a personal injury claim on behalf of their son with your homeowner's insurance carrier seeking compensation for his medical bills and 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 reports which document the nature and extent of the injury.

If the case is settled with your homeowner's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with your homeowner's insurance carrier, the parents will file a lawsuit against you based on premises liability.  Your homeowner's insurance carrier will provide you with an attorney at no cost to you, and will handle the case for you.

Don"t worry about a lawsuit because it may be a year or more before a potential lawsuit is filed.  Most of these cases settle with the insurance company without even filing a lawsuit.


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