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Thread: Legal question: Son breaks arm at friends house should they pay the medical bill?

  1. #21
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    Was there something about those stairs that caused a fall? Loose carpet? Nail sticking out? Did he use the handrail? Was he taking them 2 at a time rather than walking them one at a time as intended? Was he not paying attention?

    Accidents happen. If there wasn't a causal problem with their stairs why sue them? That seems so wrong

    Just sayin'

  2. #22
    Senior Member sylvia's Avatar
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    Got an update on the stairs. It turns out it was 10 stairs down to the basement, they are steep and carpeted. There are no hand railings on these stairs! Go figure where are the safety features? So if a guest falls down your carpeted stairs and they have no way to catch themselves, who cares let them pay their own bills. This is absolutely crazy! Their homeowners insurance rep called already with a claim number. I really hope for their own safety they put up a railing on their steep carpeted stairs.

  3. #23
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    My wife was injured in a fall on the premises of a business and we decided to sue. Fortunately the conditions and the incident were all filmed by a security camera. Still, it took close to five years to settle, and after legal fees, mediation fees and the subrogation deal with the health insurer we didn't recover close to all our costs.

    Expect a denial or lowball offer from the homeowner's insurer, and a lot of time and effort expended if you decide to pursue a legal claim.

  4. #24
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    I still wouldn't sue.

    It's basement stairs in a private home - not a public area.
    Your son has insurance.
    He fell accidentally.
    No one pushed him.

    This is the cost of being alive.

  5. #25
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    Well, it sounds like you have come up with cause to go after the homeowners insurance.

    i hope that you are happy with the outcome.

    i also hope the family involved will install a rail to protect themselves in case they have any more "friends" like your son. So that if nothing else there won't be another incident at their house that leads to higher home owner's insurance rates for all of us - including you (even if you rent, your landlord passes costs on.)

  6. #26
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    If I were those people I would not let your kid over again.

  7. #27
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    No, I don't think the friend should pay your adult son's medical bills (heck, even if he was a minor I would think that to be the parent's responsibility). I'm assuming your son, at the top of the stairs, saw there was no hand railing and proceeded anyways. Personal responsibility. And accident.

  8. #28
    Senior Member sylvia's Avatar
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    I think it should be reasoning like this :"Honey we need to reinstall the railing on the stairs, I fell, you fell now the neighbor's kid fell. Lets start fixing this soon because now our homeowners insurance will be breathing down our neck." Is it worth all this trouble for being lazy?" or, "lets not have anyone hang out in the basement , since the railing is gone, and we dont want to fix it, keep the friends out of there."As home owners lets be responsible after all we invited him to our home, he didnt sneak in or break in and use or stairs. He came to hang out with our sons." The owners have been very gracious actually about this we just want compensation for the copays.

  9. #29
    Senior Member sylvia's Avatar
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    For those thinking they wouldnt pay for friends injury,,,,, if this happened to your kid,, you would want something done. If you had no insurance and this happened to your kid you would want something done. Its easy to judge and to say I wouldnt pay etc. until it happens to you!If your friends parents dont care about your kids safety in their home its best to not be friends with them since they dont care!

  10. #30
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    Sylvia, your assuming they have fallen. My grandmother lived in a home, with no railing on the basement stairs (common), and only fell when she was in her late 60's on a piece of laundry that she dropped. He may for all we know, have been the first one to have fallen.
    As for wanting something done, well in that aspect your right, as I would use that to teach him WHY have an emergency fund. Saving for a rainy day, this isn't a desert planet. I also expect they are not going to want him over there again, or at least on any thing that wasn't one level.

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