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Concussion by accidental play

Momof3rt

Junior Member
#1
New York State
I was at my friends apartment with my son and his son who are both 14. The boys were wrestling for fun, as they always do. I heard my son say "stop" twice to the other boy, then heard a crash. The boy had picked up my son after he said stop twice and threw him on the bed in which he hit his head on the windowsill, blacked out and started bleeding. Today, 6 weeks later, he has missed a lot of school. He did not pass the concussion protocol and had a visit with the concussion clinic today. He will be doing OT weekly, taking an antiseizure drug, the clinic is informing the school to have an altered schedule for him and thats just the beginning. I am thankful that it wasnt more serious than this, however, we still dont know how long this will take...months, years, decades? The doctors said time will tell and his brain needs to heal. FACTS...it was my friends apartment, no rental insurance, it was myself and the 2 boys at the time. Yes, it was accidental, however I heard my son said stop twice, we do have insurance but does not cover 100%. I have received one bill so far, the ER Copay for $365. There will be many more will to come. QUESTIONS What are they legally responsible for? I feel it should be at MINIMAL half ALL the medical bills (copays)....if not more seeing its going through our insurance and who knows how long a recovery period he has. He can not play sports, his favorite, snowboarding, in which we already paid, he cannot even do. Hes really "bummed" in his words. Doctors won't even let him walk on the treadmill or ride a stationary bike yet. Any help appreciated!
 


Just Blue

Senior Member
#2
New York State
I was at my friends apartment with my son and his son who are both 14. The boys were wrestling for fun, as they always do. I heard my son say "stop" twice to the other boy, then heard a crash. The boy had picked up my son after he said stop twice and threw him on the bed in which he hit his head on the windowsill, blacked out and started bleeding. Today, 6 weeks later, he has missed a lot of school. He did not pass the concussion protocol and had a visit with the concussion clinic today. He will be doing OT weekly, taking an antiseizure drug, the clinic is informing the school to have an altered schedule for him and thats just the beginning. I am thankful that it wasnt more serious than this, however, we still dont know how long this will take...months, years, decades? The doctors said time will tell and his brain needs to heal. FACTS...it was my friends apartment, no rental insurance, it was myself and the 2 boys at the time. Yes, it was accidental, however I heard my son said stop twice, we do have insurance but does not cover 100%. I have received one bill so far, the ER Copay for $365. There will be many more will to come. QUESTIONS What are they legally responsible for? I feel it should be at MINIMAL half ALL the medical bills (copays)....if not more seeing its going through our insurance and who knows how long a recovery period he has. He can not play sports, his favorite, snowboarding, in which we already paid, he cannot even do. Hes really "bummed" in his words. Doctors won't even let him walk on the treadmill or ride a stationary bike yet. Any help appreciated!
Why should your buddy pay half when, per your posting, the boys were under your care and control?
 

Momof3rt

Junior Member
#3
In response to why....

If you read the thread from MOM OF A RACER titled "9-year-old son accidently injured another kid" and the response from I AM ALWAYS LIABLE you will better understand.
 

Just Blue

Senior Member
#4
If you read the thread from MOM OF A RACER titled "9-year-old son accidently injured another kid" and the response from I AM ALWAYS LIABLE you will better understand.
I read it as you so "nicely" dug up that dead thread. Sosweet.

That has no bearing on your situation. That took place in N.C. not N.Y. . The children were 9. Has nothing to do with the lack of care YOU didn't provide.

BTY: IAAL was banned for life from this forum and sued for his trolling. You should not consider his "advice".
 

quincy

Senior Member
#5
New York State
I was at my friends apartment with my son and his son who are both 14. The boys were wrestling for fun, as they always do. I heard my son say "stop" twice to the other boy, then heard a crash. The boy had picked up my son after he said stop twice and threw him on the bed in which he hit his head on the windowsill, blacked out and started bleeding. Today, 6 weeks later, he has missed a lot of school. He did not pass the concussion protocol and had a visit with the concussion clinic today. He will be doing OT weekly, taking an antiseizure drug, the clinic is informing the school to have an altered schedule for him and thats just the beginning. I am thankful that it wasnt more serious than this, however, we still dont know how long this will take...months, years, decades? The doctors said time will tell and his brain needs to heal. FACTS...it was my friends apartment, no rental insurance, it was myself and the 2 boys at the time. Yes, it was accidental, however I heard my son said stop twice, we do have insurance but does not cover 100%. I have received one bill so far, the ER Copay for $365. There will be many more will to come. QUESTIONS What are they legally responsible for? I feel it should be at MINIMAL half ALL the medical bills (copays)....if not more seeing its going through our insurance and who knows how long a recovery period he has. He can not play sports, his favorite, snowboarding, in which we already paid, he cannot even do. Hes really "bummed" in his words. Doctors won't even let him walk on the treadmill or ride a stationary bike yet. Any help appreciated!
I am sorry to hear about the injury suffered by your son. I hope he can have a full recovery.

New York is a "pure comparative negligence" state which basically means that when there is an injury accident, fault can be shared. The boy who injured your son (that is, his parent) could share responsibility for the injury with your son (that is, you).

The total amount of damages the other boy (his parent) can be held liable for will be reduced by the percentage of fault attributable to your son. If your son is judged 20% at fault, the other boy (his parent) can be responsible for the remaining 80%.

The statute of limitations in New York is 3 years from the date of the injury. You have 3 years to file suit to recover the percentage of damages attributable to the other boy.

In New York, as a note, the parents of minors 10 years or older can be held liable for the negligent acts of their children.

You will want to speak to a personal injury lawyer in your area.

Again, I am sorry to hear of your son's injury.
 
Last edited:

Eekamouse

Senior Member
#6
New York State
I was at my friends apartment with my son and his son who are both 14. The boys were wrestling for fun, as they always do. I heard my son say "stop" twice to the other boy, then heard a crash. The boy had picked up my son after he said stop twice and threw him on the bed in which he hit his head on the windowsill, blacked out and started bleeding. Today, 6 weeks later, he has missed a lot of school. He did not pass the concussion protocol and had a visit with the concussion clinic today. He will be doing OT weekly, taking an antiseizure drug, the clinic is informing the school to have an altered schedule for him and thats just the beginning. I am thankful that it wasnt more serious than this, however, we still dont know how long this will take...months, years, decades? The doctors said time will tell and his brain needs to heal. FACTS...it was my friends apartment, no rental insurance, it was myself and the 2 boys at the time. Yes, it was accidental, however I heard my son said stop twice, we do have insurance but does not cover 100%. I have received one bill so far, the ER Copay for $365. There will be many more will to come. QUESTIONS What are they legally responsible for? I feel it should be at MINIMAL half ALL the medical bills (copays)....if not more seeing its going through our insurance and who knows how long a recovery period he has. He can not play sports, his favorite, snowboarding, in which we already paid, he cannot even do. Hes really "bummed" in his words. Doctors won't even let him walk on the treadmill or ride a stationary bike yet. Any help appreciated!
Was your friend also there at the apartment when this occurred?
 

Momof3rt

Junior Member
#7
I read it as you so "nicely" dug up that dead thread. Sosweet.

That has no bearing on your situation. That took place in N.C. not N.Y. . The children were 9. Has nothing to do with the lack of care YOU didn't provide.

BTY: IAAL was banned for life from this forum and sued for his trolling. You should not consider his "advice".
Thank you for your input
 

Momof3rt

Junior Member
#8
I am sorry to hear about the injury suffered by your son. I hope he can have a full recovery.

New York is a "pure comparative negligence" state which basically means that when there is an injury accident, fault can be shared. The boy who injured your son (that is, his parent) could share responsibility for the injury with your son (that is, you).

The total amount of damages the other boy (his parent) can be held liable for will be reduced by the percentage of fault attributable to your son. If your son is judged 20% at fault, the other boy (his parent) can be responsible for the remaining 80%.

The statute of limitations in New York is 3 years from the date of the injury. You have 3 years to file suit to recover the percentage of damages attributable to the other boy.

In New York, as a note, the parents of minors 10 years or older can be held liable for the negligent acts of their children.

You will want to speak to a personal injury lawyer in your area.

Again, I am sorry to hear of your son's injury.
Thank you very much for this information. I have been speaking with an attorney who shared similar info but was looking for a little more assurance and assistance before I make a final decision. Greatly appreciated.
 
#10
New York State
I was at my friends apartment with my son and his son who are both 14. The boys were wrestling for fun, as they always do. I heard my son say "stop" twice to the other boy, then heard a crash. The boy had picked up my son after he said stop twice and threw him on the bed in which he hit his head on the windowsill, blacked out and started bleeding. Today, 6 weeks later, he has missed a lot of school. He did not pass the concussion protocol and had a visit with the concussion clinic today. He will be doing OT weekly, taking an antiseizure drug, the clinic is informing the school to have an altered schedule for him and thats just the beginning. I am thankful that it wasnt more serious than this, however, we still dont know how long this will take...months, years, decades? The doctors said time will tell and his brain needs to heal. FACTS...it was my friends apartment, no rental insurance, it was myself and the 2 boys at the time. Yes, it was accidental, however I heard my son said stop twice, we do have insurance but does not cover 100%. I have received one bill so far, the ER Copay for $365. There will be many more will to come. QUESTIONS What are they legally responsible for? I feel it should be at MINIMAL half ALL the medical bills (copays)....if not more seeing its going through our insurance and who knows how long a recovery period he has. He can not play sports, his favorite, snowboarding, in which we already paid, he cannot even do. Hes really "bummed" in his words. Doctors won't even let him walk on the treadmill or ride a stationary bike yet. Any help appreciated!
You were negligent in your supervision. YOU are the one to blame for not putting a stop to this. Pay for your son's medical bills and be thankful that it wasn't more serious due to your negligence.
 
#11
I am sorry to hear about the injury suffered by your son. I hope he can have a full recovery.

New York is a "pure comparative negligence" state which basically means that when there is an injury accident, fault can be shared. The boy who injured your son (that is, his parent) could share responsibility for the injury with your son (that is, you).

The total amount of damages the other boy (his parent) can be held liable for will be reduced by the percentage of fault attributable to your son. If your son is judged 20% at fault, the other boy (his parent) can be responsible for the remaining 80%.

The statute of limitations in New York is 3 years from the date of the injury. You have 3 years to file suit to recover the percentage of damages attributable to the other boy.

In New York, as a note, the parents of minors 10 years or older can be held liable for the negligent acts of their children.

You will want to speak to a personal injury lawyer in your area.

Again, I am sorry to hear of your son's injury.
And if she tries to sue, I hope the friend countersues her for HER NEGLIGENCE in supervising both boys. Because OP was allegedly the responsible adult left in charge of the MINOR child. The fact that she was NOT responsible is on her.
 

quincy

Senior Member
#12
And if she tries to sue, I hope the friend countersues her for HER NEGLIGENCE in supervising both boys. Because OP was allegedly the responsible adult left in charge of the MINOR child. The fact that she was NOT responsible is on her.
A parent is not expected to watch 14 year olds constantly, even when they are in charge of supervising the children. To expect that they are would be unreasonable.

Supervision may play a role in assessing fault but I don't think you can say the boy who tossed the son into the headboard is blameless. He shares fault for the accident. But for his negligent actions, there would have been no injury.

I do not see the boy escaping liability. He may not be 100% responsible but he can be assessed damages for his role in causing the injury.
 

HRZ

Senior Member
#13
Unless there is some wacky theory that the host parent was maintaining an attractive nuisance ...I'm missing the connection of host Mom to guests injury at hands of her sons wrestling gone wrong ....I don't see a tort or a weapon in there. And apparently "wrestling" was a routine event .
 

Zigner

Senior Member, Non-Attorney
#14
Unless there is some wacky theory that the host parent was maintaining an attractive nuisance ...I'm missing the connection of host Mom to guests injury at hands of her sons wrestling gone wrong ....I don't see a tort or a weapon in there. And apparently "wrestling" was a routine event .
The point several of us are trying to make is that the child's parent wasn't the one exercising supervision, the OP was.
 

Momof3rt

Junior Member
#15
Regarding opinions and advice

Thank you all, or mostly all, for your opinions. Everyone has a right to them. I, however, was looking for advice, not opinions, as this is an advice forum. I have retained an attorney at this point and in cases very similar to mine, the judge determined 50% liability for both parties or greater percentage of payment for the defendant including pain and suffering. The ones that shared facts and both sides of the offense/defense...the advice and facts are truly appreciated. For the people with opinions.....ignorance is bliss.
 
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