Legal Question in Personal Injury in California

Yes, the homeowners shoudl have homeowners insurance that should cover the costs of any medical care. The child will not be liable, since they are typically too young to be legally guilty of negligence.

This is a case of negligent supervision. I disagree about the responsibility of the pther child. It depends on the age. Children know much more about right and wrong. The child's parents may be liable for their child's act and the medical bills if they knew the child had a propensity towards violent or reckless acts and did not so inform. Clearly the supervision responsibility to control/supervise is that of your friends at their home. You did not indicate how old the child is who threw the bat and while that may limit the child's ability to appreciate the risk of injury in throwing that bat I cannot automatically assume the child is too young to appreciate that. I hope this helps.

An accident like this often happens when a pi�ata is used at a birthday party. It's something that any responsible adult should have "seen comiing down the road", and made sure that everyone was standing clear. The parents who hosted the party are responsible for failing to take due care in supervising the pi�ata-busting activity.

Make a claim with the hosts' homeowner's insurance carrier.

Incidentally, the manufacturer of the pi�ata may also be liable for faiure to provide adequate warnings.

Rather than discuss all of the issues with this case, your best bet is to call me for a free consultation at 800-816-1529 x. 1. I handle these types of cases all over California.