Legal Question in Personal Injury in California

medical bill liability

I am a family childcare provider, one of kid sustained a small laceration which went to ER and was stiched(5). I don't have business libility insurance, but all parents signed for it when entering a contract, do I need to pay for the entire medical bill ? or is it reasonable to split with parents?


Asked on 12/13/07, 2:52 pm

3 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: medical bill liability

What do you mean by "all parents signed for it when entering a contract?" Do you mean that you had parents sign an acknowledgment that you did not have business liability insurance as well as a waiver of liability? Whether you need to pay the bill or not will depend on whether you or your agents/employees were negligent. We would need to know the circumstances of the laceration. If it occurred because you scattered two dozen ginsu knives around the play area, then pay the bill. If it happened because the kid was running and tripped on his own foot and fell, probably not.

Have the parents made an issue of it yet? If so, contact these people (http://www.lls.edu/ccr/) and try to solve it cheaply.

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Answered on 12/14/07, 3:42 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: medical bill liability

As Mr. Lee points out. it is difficult to answer this.

What exactly was signed? Have the parents of the injured child complained?

Since when is 5 stitches a "small laceration"?

Please resubmit after answering the above.

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Answered on 12/14/07, 9:17 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: medical bill liability

You may not have to pay for it at all. If the laceration was not due to your negligence under the circumstances, then you are not liable at all.

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Answered on 12/15/07, 12:55 am


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