Legal Question in Personal Injury in California

I hosted a birthday party for my son at our home, which I own. One of the 12 year old male attendees broke his ankle while sliding down a rented water slide at the party. The boy's father wants me to pay or the medical bills, am I liable?


Asked on 9/22/15, 12:39 pm

2 Answers from Attorneys

Tender it to your homeowners' insurance carrier. They will sort it out.

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Answered on 9/22/15, 1:38 pm
Len Tillem Tillem McNichol & Brown

Potentially. You, as the owner/occupier of real property, owe visitors a duty to protect them from hazards associated with the property. So there's a potential liability. It's the same as if someone gets injured on a trampoline in your back yard.

On the other hand, there's also a potential defense, "assumption of the risk", in which a person undertaking an activity is assumes the risk of injuries that that typically result from such an activity.

So what it really comes down to is this - if they want significantly more money than your home insurance deductible, contact your insurance company. If they want less, then consider either paying them off or making them decide whether or not to sue you in Small Claims Court.

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Answered on 9/22/15, 2:14 pm


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