Trampoline Injury

[TLEEKAT]

What is the name of your state?What is the name of your state? Florida, zip 33569

6yr old on trampoline @ mother's residence, netting 4ft above trampoline base; child comes off; fractures arm, hospital stay, 3 pins; surgery/cast. Mother's home: no homeowners insurance (lives with boyfriend); property deeded under boyfriend's parents' name. Yet mother states they pay a mortgage & she is suppose to be carrying medical insurance on child per MSA but refuses to do so (or hold a job). Father wants to sue property owner's for incurred medical bills of $25k. Does he have a case? Have pics of trampoline netting @ 4ft height, mother installed new netting 1 week after accident, have pictures of that also. Thanks!!!

[seniorjudge]

Originally Posted by TLEEKAT

What is the name of your state?What is the name of your state? Florida, zip 33569

6yr old on trampoline @ mother's residence, netting 4ft above trampoline base; child comes off; fractures arm, hospital stay, 3 pins; surgery/cast. Mother's home: no homeowners insurance (lives with boyfriend); property deeded under boyfriend's parents' name. Yet mother states they pay a mortgage & she is suppose to be carrying medical insurance on child per MSA but refuses to do so (or hold a job). Father wants to sue property owner's for incurred medical bills of $25k. Does he have a case? Have pics of trampoline netting @ 4ft height, mother installed new netting 1 week after accident, have pictures of that also. Thanks!!!

Q: Father wants to sue property owner's for incurred medical bills of $25k.

A: Where was father when the kid was jumping on this thing? Who was supervising kid?

[TLEEKAT]

Originally Posted by seniorjudge

Q: Father wants to sue property owner's for incurred medical bills of $25k.

A: Where was father when the kid was jumping on this thing? Who was supervising kid?

The father & mother are divorced. Accident happened @ mother's residence who lives with boyfriend. Father @ work, does not live where accident occurred (split-custody). Total of 4 kids on trampoline with 13yr watching other kids, supposively mother's boyfriend on other side of yard, but his view would have been blocked by mobile home, unable to see accident occur. Also 13yrs, NOT the boyfriend, was able to describe to the mother how the accident occurred; so boyfriend was not watching children.

[seniorjudge]

Originally Posted by TLEEKAT

The father & mother are divorced. Accident happened @ mother's residence who lives with boyfriend. Father @ work, does not live where accident occurred (split-custody). Total of 4 kids on trampoline with 13yr watching other kids, supposively mother's boyfriend on other side of yard, but his view would have been blocked by mobile home, unable to see accident occur. Also 13yrs, NOT the boyfriend, was able to describe to the mother how the accident occurred; so boyfriend was not watching children.

So the kid got hurt at ma's place?

The GENERAL rule is that this is a family deal and the kid cannot sue ma.

Florida may have changed this general rule; I don't know the answer.

You could ask a personal injury attorney in your state.

[TLEEKAT]

Originally Posted by seniorjudge

So the kid got hurt at ma's place?

The GENERAL rule is that this is a family deal and the kid cannot sue ma.

Florida may have changed this general rule; I don't know the answer.

You could ask a personal injury attorney in your state.

Father wants to sue the property owners for medical bills incurred from the accident.

[EvilWizard]

Who owns the trampoline?

[JETX]

Originally Posted by TLEEKAT

Does he have a case?

Of course he has a 'case'....
However, how good a case or whether pursuing one is even worth while.... depends on many factors. Some are:
1) Did the parents of the injured child know (and accept responsibility) for the trampoline prior to the injury?
2) Do the possible defendants have sufficient assets to pursue in a case?
3) What are ALL the facts as to the circumstances??
4) Did the father have insurance (or public assistance) on his daughter and did the insurance pay for the bills??

None of us can advise as to the viability of a claim without the answers to those questions.... and many more.

Simple answer: If the father of the injured child thinks he has a valid claim, he should talk with a good local personal injury attorney. However, if this is just a case of revenge against his ex-wife (as implied by all the 'extraneous issues' noted in your post).... then I suggest the father find other ways to spend his time.

[teflon_jones]

There's no case to go after the property owners for the damages. They weren't involved in the use of the trampoline.

[JETX]

Originally Posted by teflon_jones

There's no case to go after the property owners for the damages. They weren't involved in the use of the trampoline.

Sorry, but we don't have enough information for that to be accurate..... and there are LOTS of things we would have to know first. Some are:
1) We don't know WHO the property owners are in relation to this matter.
2) We don't know if the property owners provided the trampoline.
3) We don't know if the property owners were negligent (If they provided the trampoline).
4) Etc.