Legal Question in Personal Injury in Ohio

The 5 year old is obviously too young in the eyes of the law to be found negligent. However, the parents of the 5 year old under certain limited situations can be held liable for the acts of their minor child but the amount of compensation for injuries caused by a minor are limited The parents of the minor, unless he was acting in a reckless or willful manner, will not be responsible for the injuries. You might be able to hold the host of the party responsible if they did not adequately supervise the party and the injury that you sustained was due to their failure to provide adequate supervision. The host family likely has homeowners insurance and most policies have a medical payment provision where fault does not need to be established. This type of coverage is contractual and you might check with the family that hosted the party to get the name of the insurance company. Otherwise your only other alternative is to submit your medical bills through your own health insurance. I hope you were not seriously injured. Holding the parents of the 5 year old responsible will be difficult unless they happened to be at the party as well and you can establish a claim against them for negligent supervision. I would check with the homeowners insurance company for the family that hosted the party as that seems to be your best option.

Good luck.

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