If sued regarding a child who was injured on my property, how much can we lose?
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If sued regarding a child who was injured on my property, how much can we lose?
Recently, our children were outside playing on our swingset with their friends. There were about 9 children total running around in and out of our yard and on and off the swingset. One child, age 4, fell from the saucer and got up and hit his head on the bar causing it to split open and bleed. I immediately became aware of the incident and scooped him up taking him to his home, where there was a babysitter present. His parents weren’t home and there was not anyway to notify the parent and the babysitter acted like there wasn’t anything she could do. I cleaned the would, took him over to a
neighbor, because I was informed she was a nurse. I honestly had no idea what to do but take there there because a babysitter had several other kids to watch over, no phone and no numbers to contact anyone. The nurse advised what the sitter should do in the next few hours until the older brother was to
return and call someone in the family. I was obviously worried for the child and still am but what are the laws against a child getting hurt on our property? Should I inform my insurance company of the incident in case there is a filed claimed?
Asked on September 1, 2017 under Personal Injury, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It would be advisable to notify your homeowners insurance company of the child being injured on your property.
You are liable for the child's medical bills and pain and suffering which is an amount in addition to the medical bills.
These cases are usually settled with the insurance company without a lawsuit being filed. Don't worry about it.
If the case is not settled with your insurance company and a lawsuit is filed, your insurance company will provide you with an attorney at no cost to you.
If the lawsuit results in a judgment against you which you cannot afford to pay, the judgment can be enforced with a wage garnishment or lien on your property. Therefore, it would be advisable to file Chapter 7 bankruptcy if the case results in a judgment which you can't afford to pay. Chapter 7 bankruptcy will eliminate that debt.
Again, don't worry about any of this because most likely the case will be settled with your insurance company without a lawsuit. In the event of a lawsuit and potential judgment against you, that won't occur for at least a couple of years.
Don't worry about it.
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