Liability Question for Trampoline Injury

[kew]

What is the name of your state? Texas
My husband was at a neighbors party and fell on the trampoline breaking his ankle. The expenses thus far have been mostly covered by our own accident policy. Those funds are now exhausted. His injury took a turn for the worse and he has to have additional surgery. The friends insur agent sent us a check for the max amount of their "medical pmts to others" portion of their policy and said that was all they could do. My question(s) are 1) with this type of accident, doesn't their liability portion of their policy take effect? This pmt will not come close to the bills this subsequent surgery will cost 2) Should I cash this check or would that signify acceptance of a settlement? 3) Should we get an attorney?
Any help would be so appreciated.
Thank you!
kew

 

[moburkes]

What is the name of your state? Texas
My husband was at a neighbors party and fell on the trampoline breaking his ankle. The expenses thus far have been mostly covered by our own accident policy. Those funds are now exhausted. His injury took a turn for the worse and he has to have additional surgery. The friends insur agent sent us a check for the max amount of their "medical pmts to others" portion of their policy and said that was all they could do. My question(s) are 1) with this type of accident, doesn't their liability portion of their policy take effect? This pmt will not come close to the bills this subsequent surgery will cost 2) Should I cash this check or would that signify acceptance of a settlement? 3) Should we get an attorney?
Any help would be so appreciated.
Thank you!
kew

You need to sue the homeowner in order for their liability to kick in. But first - why is it their fault that your adult husband hurt himself on the trampoline?

 

[NEOhioChick]

You need to sue the homeowner in order for their liability to kick in. But first - why is it their fault that your adult husband hurt himself on the trampoline?

That's kind of like asking why anyone, even a child hurt themselves on a trampoline. I am sure her husband did not TRY to break his ankle, and when the homeowners bought the trampoline they KNEW that there was a risk that someone could get hurt on it. I can tell the OP that you are probably going to lose some friends over this, but sue them.

 

[moburkes]

That's kind of like asking why anyone, even a child hurt themselves on a trampoline. I am sure her husband did not TRY to break his ankle, and when the homeowners bought the trampoline they KNEW that there was a risk that someone could get hurt on it. I can tell the OP that you are probably going to lose some friends over this, but sue them.

The accident didn't occur with a child. And, as part of the lawsuit, they will have to prove that the owner of the trampoline was negligent. Any of the companies that I represent would fight the claim. Because its bogus. Owning a trampoline is not negligence. I don't know where you get your information from.

 

[Roddyray]

Thank you

Finally, someone that request that people take responsibility for themselves. Everyone is so sue happy it is a crock. No wonder real cases where people are themselves the victim and not the person who committed the act can not be heard or seen in court. You husband is the one that decided to get on the thing. I doubt they forced him to do it. Take responsibility.