Legal Question in Insurance Law in Wisconsin

4-wheeler accident, who is liable for medical costs
My daughter, 12 years old, was giving a ride to my girl friend's son, 10 years old. They were traveling on a trail that went thru my brother-in-law's wooded land. At the end of the trail, my brother-in-law has a cable attached across the driveway that connects to the main road. My daughter, who was driving, lifted the cable up over her head and assumed the son lifted it up also. He missed grabbing it, my daughter drove on and the cable pulled the boy off the 4 wheeler and he fell to the ground. He complained of much pain, so my girlfriend took him to the emergency room and found that everything was ok. The boy's dad submitted it to his insurance and they denied paying the medical bills, due to the fact that it was an accident. He claims that I am now liable for the cost of these medical bills. An x-ray and examination was performed.

Who is liable????????????

Asked on 8/24/02, 2:17 pm

Frank Pasternak Pasternak & Zirgibel S.C.

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Re: 4-wheeler accident, who is liable for medical costs

Your daughter is only liable if she was negligent. The boy is liable for his own negligence.

Answered on 8/26/02, 11:22 am

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