Legal Question in Personal Injury in California

My 5 year old daughter broke her leg while at my sister in laws house. she fall from a playground set and is now in a full leg cast for 3 months. who is responsible for the medical bills?? she also didn't have home insurance at the time..


Asked on 9/23/09, 1:36 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I would say that if the equipment were neither defective nor unsafe, and was being used as intended, it's the risk the parent and child take. I hope that your daughter is doing better now. I'm sure she hates the cast!

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Answered on 9/23/09, 4:42 am
Steven Kuhn Steven Kuhn

It depends on who was at fault. Was the equipment defective? What was put underneath the equipment and by whom? If she landed on a landing area that was unsafe, there may be a claim against who installed it. Who was watching your daughter when she fell? Should she has been using this equipment? You may have a claim againt your sister in law, but if she has no homeowner's insurance, you would be going against her personally.

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Answered on 9/23/09, 11:16 am


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