Is a property owner liable when someone is injured on their property but it’s from an outside source?
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Is a property owner liable when someone is injured on their property but it’s from an outside source?
My daughter went to a party and someone threw an explosive device over fence and it exploded next to her. She was badly injured. Can I sue homeowner for medical and/ or suffering?
Asked on June 18, 2017 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The property owner is liable for your daughter's injuries.
Prior to filing a lawsuit based on premises liability against the landowner, it may be possible to settle the case with the homeowners insurance.
When your daughter completes her 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 her medical treatment where no further improvement is anticipated, obtain her medical bills, medical reports and if applicable, documentation of wage loss.
Her personal injury claim filed with the homeowners insurance should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the injuries and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the homeowners insurance,NO lawsuit is filed.
If you are dissatisfied with settlement offers from the homeowners insurance, reject them and file a lawsuit on behalf of your daughter against the landowner based on premises liability. If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf.
If the case is NOT settled , the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.
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