| Posted By |
Discussion Topic: are we liable for this?
|
|
Jayme |
07-21-2009 @ 1:55 PM
|
|
|
Member
Posts:
Joined: Jul 2009
|
I am not sure if this is in the right place or not..
My 12 year old son was at the neighbors house playing a game of hockey. He went to take a slap shot and got the neighbor boy in the lip. his tooth was chipped and he got a pretty fat lap but no stitches.. he did have to have a root canal and a cap pput on. She said that when he is older he will have to have a crown. the mom seen it happen and said that it was an accident and not to worry about it, accidents happen, said she did not blame my son it was not his fault.
This happened 3 months ago. well yesterday she came up to my husband who was outside doing yard work. and said that she would like to know where we think our responsabilities lie, and what we are going to pay for so she knows if she needs to take legal action or not.
we do not feel that we are liable, it happened at her house and it was just an accident. If the roles were reversed we would not want anything from them.
We would have been willing to pay for atleast half of his bills but we are scared that the insurance company would come back and sue for what they already paid for. And also wouldnt her home owners cover it?
WE are just so confused and dont know what to say to her. we honestly can not afford to pay for anything, we have 5 children of our own 3 of which have health issues.
Oh and her son plays Ice hockey for the school team and my son just plays for fun. She knows the risk as do I.
This happened in Bridgeville, Pennsylvania
any advice is greatly appreciated! thank you!
|
|
AustenFan |
|
07-22-2009 @ 4:18 PM
|
|
|
Member
Posts:
Joined:
|
I'm not a lawyer, but I don't really think she would have a case here.
In most personal injury lawsuits, negligence must be proved. For instance, a woman gets in a car accident with another driver who was driving recklessly. The woman suffers an neck injury, so she can sue the other driver because they were not taking standard caution while driving.
Accidents happen, so hopefully you can find a way to work this out with your neighbor. If she continues to talk about legal action, you may want to speak to a lawyer in your state.
|
|
keymaker |
|
09-01-2009 @ 7:47 PM
|
|
|
Member
Posts:
Joined: Feb 2009
|
Should your neighbor pursue an action against you, you
could use her previous statements saying that what
happened was only an accident and it was not your son's
fault.
On your part, you may consult a lawyer to further assess
your case.
Personal
Injury Lawyers
|
|
SedLex |
|
09-03-2009 @ 1:37 AM
|
|
|
Member
Posts:
Joined: Nov 2008
|
I think there had been a misunderstanding. Talk it out
with your neighbor. Otherwise, consult a lawyer to know
your legal options.
Aggressive
Legal Representation
|
|
Jayme |
|
09-03-2009 @ 7:24 AM
|
|
|
Member
Posts:
Joined: Jul 2009
|
Thanks for the replies! There has been no misunderstanding.. They want us to pay for everything, they dont think that they should have to pay fo rnay of his medical bills. They sent us a certified letter saying that they are going to take us to the magistate, they had a print out of how much and alot of the stuff wasnt even done yet. the dates were TBD. So we contacted a attorney and decided to go to court! we dont feel we should be responsable for it all. and the attorney feels we are not responsable for any of it! SO we will see what happens.
I really just can not believe that we are even dealing with this! We would never sue a neighbor or anybody else for anything!
|
