Legal Question in Personal Injury in Florida

Re: kids playing

If the boy that got hit deliberately put himself in danger by jumping infront of your daughter's go-cart (i.e., playing chicken), then it appears that the negligent party was the injured boy, not your daughter. In any event, if a claim is actually made, you should contact your homeowner's insurance company to advise them of the claim. Review your homeowner's policy to learn whether such a claim would be covered under the policy. If it is, then you should not be too concerned as the insurance carrier would be obligated to appoint defense counsel on your behalf and your defense counsel would have a strong defense according to the facts provided in your question. The accident report is not considered evidence, so the fact that it states that the boys were playing chicken is not conclusive proof, but if there are witnesses that will testify that the injured boy was in fact playing chicken and the boy admitted as such to the officer who prepared the report and to others, the injured boy will have a problem with his case (assuming any case is ever filed). If you are sued, fax and mail (via certified mail, return receipt requested) the copy of the summons and complaint to your homeowner's insurance agent and carrier, and confirm that it will appoint defense counsel on your family's behalf. If you have any other questions, please call or write my office.