Who is liable?

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Who is liable?

My daughter was playing with a neighbor’s daughter in their backyard, the neighbor dropped a piece of pipe on my daughter’s face after she fell over backwards in a lawn chair and broke out my daughter’s front tooth. No malicious intent implied, who is liable for the dental bills?

Asked on May 21, 2009 under Personal Injury, Kansas

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

the law holds the property owner responsible for injuries sustained on their property. Intent is not an issue in determining fault. If your daughter was injured on the neighbor's property than technically the neighbor is responsible for the bills.

You can hire a local attorney who will handle this for you or attempt to settle with the neighbor in a friendly manner. If you have insurance than I assume it is only a co-pay which will hopefully not be to substantial.


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