shower glass door broke on my kids

What is the name of your state? CA-Injuries took place there we now live in MO

We had just moved into an apartment 2 weeks before and my sons who were 8 and 6 were taking a bath. My 8 year old went to shut the shower glass door and it came off the top hinge, he cried for me, I was in the next room, less than 10 feet away and by the time I got to them the glass had bowed and exploded (tempered glass). My sons wrist was cut, and he was standing in a pool of blood. He needed 6 stitches and he is left with a permanent scar on his right wrist, below his thumb about 1 1/2 to 2 inches long. Both boys suffered minor cuts and bruising along with nightmares and bed wetting for the next 5-6 months. The one with the cut wrist still get some tingling and numbness after 3 years. The doctor said this should go away with time. It has seemed to get better or the years. Doctor Bills right now are $4000 and we have been told to let more time pass to see if nerve grafting needs to take place.

The apartment complex had a complaint by another tenant 1 month prior to us moving in about the same thing happening to her, only no injuries were sustained. They found out that she did not have a safety guard at the tub/shower door connection. This was also the case with us. There was no safety guard on the glass shower doors. It was only connected by the hinge at the top of the shower.

The insurance company is now calling this a comparative loss. Saying it was because of lack of supervison that this happened. They have offered my 6 year old son $500 and my 8 year old, with the permantly scarred wrist $1000 above what is medical bills are. The scar is in a location that every time he shakes someones hand you see it. He is very embarrassed by the scarring.

The boys are now 10 and almost 12. What would be a better settlement amount? Should I get a lawyer or try to do this on our own?

[HomeGuru]

Originally posted by bigjsgal
What is the name of your state? CA-Injuries took place there we now live in MO

We had just moved into an apartment 2 weeks before and my sons who were 8 and 6 were taking a bath. My 8 year old went to shut the shower glass door and it came off the top hinge, he cried for me, I was in the next room, less than 10 feet away and by the time I got to them the glass had bowed and exploded (tempered glass). My sons wrist was cut, and he was standing in a pool of blood. He needed 6 stitches and he is left with a permanent scar on his right wrist, below his thumb about 1 1/2 to 2 inches long. Both boys suffered minor cuts and bruising along with nightmares and bed wetting for the next 5-6 months. The one with the cut wrist still get some tingling and numbness after 3 years. The doctor said this should go away with time. It has seemed to get better or the years. Doctor Bills right now are $4000 and we have been told to let more time pass to see if nerve grafting needs to take place.

The apartment complex had a complaint by another tenant 1 month prior to us moving in about the same thing happening to her, only no injuries were sustained. They found out that she did not have a safety guard at the tub/shower door connection. This was also the case with us. There was no safety guard on the glass shower doors. It was only connected by the hinge at the top of the shower.

The insurance company is now calling this a comparative loss. Saying it was because of lack of supervison that this happened. They have offered my 6 year old son $500 and my 8 year old, with the permantly scarred wrist $1000 above what is medical bills are. The scar is in a location that every time he shakes someones hand you see it. He is very embarrassed by the scarring.

The boys are now 10 and almost 12. What would be a better settlement amount? Should I get a lawyer or try to do this on our own?

**A: get a free consultation with a personal injury attorney.

[RunningOnEmpty]

Out of curiousity, which insurance company are you dealing with? (This sounds SOOOO Allstate).

What percentage of comparitive negligence are they charging you with?

Do they feel the door broke because the boys were rough-housing or do they feel you should have been sitting on the toilet watching them bathe? What exactly did you tell them happened?

My son is 7 and has become more modest during the past couple of years. I do not watch him bathe, at his request. He wants privacy. I am always within earshot and maintain converstation with him during his bath. I do not believe this constitutes negligent supervision. I would argue that one.

I seriously doubt that your son is all that embarrassed about his scar. Boys that age tend to be proud of their "battle scars," and it generally takes a whole lot more than a scarred wrist to embarrass them. (a scarred face maybe....)

I do feel that the offer which has been made to you is way too low. Because they are minors, you don't need to be in a hurry to settle it, either. The statute of limitations won't run for years to come.

Ask to discuss the matter with the adjuster's supervisor. Ask for the amount of money that you feel it's worth. If you don't get a more acceptable number, get an attorney to represent them. Get a good one. (not one of those guys that advertise on TV). Be willing to wait whatever time it takes.

Good luck

RunningOnEmpty said
What percentage of comparitive negligence are they charging you with?

You know, The letter they sent did not say. That will be something I am going to find out abou though. Thanks.

RunningOnEmpty said
Do they feel the door broke because the boys were rough-housing or do they feel you should have been sitting on the toilet watching them bathe?

When they were investigating and asking questions we told them that, I filled the tub for the younger son and he was in the tub taking a bath, I was still in the bathroom with him, then the older son came in the bathroom and wanted to take a bath too, so I told him go ahead. He peed in the toilet, I left the room and went to the next room which is my bedroom, and told the oldest boy to shut the shower door, He said, "yes, Ma'am." and within secnds there was a cry from him and an explosion, by the time I was standing at the door there he was glass everywhere, and in a tub of blood.

Also, when they were investigating they spoke to my son and asked him if he liked any sports. He said, "Yes." They asked him which ones? He said, "Football, basketball, soccer." They said, "Were you playing soccer in the tub? His reply, "NOOOOO, I would never do that." I believe that they are going on the premise that in all acuality he was playing soccer in the tub. The issue is they did have bath toys in the tub with them. Small little figurines, dolphins, and whales. Don't most kids have some kind of toy with them in the tub?

I mean my kids love the water, and would at that time have taken 10 baths a day if I let them. Even now, they will take at least 2 showers a day.

In all actuality there was no time for rough housing, he didn't even fully emerge himself in the tub. Are my kids beyond rough housing? No. But, really they didn't in the tub, or they weren't aloud to take a bath together.

About the scar...I have been wondering if possibly he was being vain about it. He really hates it. He wants plastic surgery to get rid of it. He's had a lot of questions about it, one being from a rude kid..."What did you try to committ suicide?" With comments like that, he does get upset. We keep telling him that the scar is no big deal and that it wil continue to diminish as he gets older. It's just really thick and jagged looking and that's what he doesn't like. For his father and I, it is the numbness in his finger tips (thumb and pointer) that is the main concern for us. The doctors have talked about possible nerve grafting, but keep saying, "Maybe we should give it more time to see if it heals itself"
So, we have been waiting.

We are not in a hurry to settle with the insurance company. We will wait untill the day before his 19th birthday if need be. They came to us wanting to settle and came with this rediculous amount. When that happened I got on here and also am in the process of writing a letter back to them along with sending them the journal I kept for a year after the incident.

This is with Allied Insurance.

Thanks for your reply and asking questions I didn't think about