Legal Question in Personal Injury in North Carolina

Re: Home Owners Liability For Injury

First ask the neighbor to report the claim to his homeowners insurance company. Most have a medical payments provision where they can pay some amount of medical bills regardless of fault.

Next, consult with an experienced personal injury attorney. The issues and explanations are too lengthy for discussion here. Do it now as statutes of limitation are running. Take photos of the burns now to preserve the evidence.

Good luck.

Re: Home Owners Liability For Injury

The advice given by Mr. Lennon is wise. File for the med pay since that coverge is not dependant upon fault. Document the injuries with photographs. Consult an attorney for the remaining liability questions. Since your son was under the age of 14, he is presumed to be incapable of negligence, but this presumtion is rebuttable. Given the severity of the injuries, this is something that should be carefully reviewed by an experienced attorney. Please feel free to call me.

Re: Home Owners Liability For Injury

Further comments: The statute of a minor's claim does not begin to run until they turn 18 (but your separate claim for medical bills does begin to run). My understanding is that the insurer's position is probably correct. Although some N.C. law changed a few years ago, the rule for "trespassers" remained the same; they may recover only if the land-owner was wilful. There are, however, exceptions, such as the "attractive nuisance" doctrine. In view of the injuries, you should consult an attorney.