Who should be liable for a dirt bike accident in which out underage child was hurt?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who should be liable for a dirt bike accident in which out underage child was hurt?

My 17 year old son was in an accident at someone’s private residence. He was not living at home at the time. We were never notified of the accident by the property owners or the hospital. Now we are receiving hospital bills in excess of $15,000 because according to the hospital he had a concussion and a broken collar bone. At no time did we have any decision on how to proceed with our underage child.

Asked on March 27, 2012 under Personal Injury, Texas

Answers:

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

Answered 9 years ago | Contributor

The owner of the property where your son was injured is liable for your son's injuries based on premises liability.  Your son's personal injury claim should be filed with the property owner's insurance carrier.

When your son completes his 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 his medical treatment where no further improvement is anticipated, obtain your son's medical bills, medical reports and if applicable documentation of any wage loss.  Your son's personal injury claim filed with the property owner's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your son's injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If the case is settled with the property owner's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the property owner's insurance carrier, reject the settlement offers and file a lawsuit against the property owner based on premises liability.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because a minor cannot file a lawsuit himself.  If the case is NOT settled with the property owner's insurance carrier, your son's lawsuit will need to be filed prior to the expiration of the applicable statute of limitations or your son will lose his 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption