Legal Question in Personal Injury in New York

Re: Can I sue my daughters father's girlfriend if my daughter is injured on her

Your daughter's father is mistaken. Any negligence or negligent act that causes injury to someone on the premises of a "covered property" (covered by insurance), is covered by that property's homeowner's insurance regardless of who actually committed the negligent act. Therefore, the girlfriend is a proper person to sue (as is the father).

Under most homeowner's policy the only types of acts that would not be covered are intentional acts (such as an intentional battery or assault).

In order to further assess your daughter's potential claim, feel free to contact me at

(212)977-7033.

Sincerely,

Andrew R. Frisch, Esq.

Re: Can I sue my daughters father's girlfriend if my daughter is injured on her

Assuming that your duaghter's accident was the result of negligence, then you can sue the property owner and any other liable person.

Let me know if I can be of help.

Daniel Clement

Re: Can I sue my daughters father's girlfriend if my daughter is injured on her

Most, if not all, homeowner's insurance policies have clauses in them that preclude members of the household from suing the policyholder. The question then arises as to whether or not your daughter is considered a "member of the household" for the purpose of interpreting this clause. Since you have "sole custody" of your daughter, I will presume that your address is different from that of the homeowner where your daughter was injured. Therefore, your daughter was a visitor in that home and if there was a condition associated with the premises that was a proximate cause of your daughter's injury, the insurance policy may be brought to satisfy her claim for those injuries. On the other hand, if your daughter was injured as a result of something her father did, or failed to do, and not as a result of a condition of the premises, then even if you do sue the homeowner's policy, the father may be found to be the only negligent party. The policy may not respond for his negligence. In fact, the child's father may not even be considered a member of the household himself; and the policy amy not afford him any coverage. To get a definitive answer to your question, you must defer to the actual verbiage of the insurance policy. To do this, most attorneys take a shot gun approach to these types of cases and sue everyone associated with the event. They obtain a copy of the inusrance policy during discovery of the case and sort things out from there. Without knowing how your daugher was injured and what her injuries were at this time, this is the best answer I can provide to you under the circumstances. Good luck.

Re: Can I sue my daughters father's girlfriend if my daughter is injured on her

If your daughter suffered a serious injury, you would be remiss if you did not sue.