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Juggling show Mishap Prop fell and hit 6yr old needed stitches. Insurance no covering

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gypsyboondock

Junior Member
I’m a juggler at the California Renaissance fair I recently had Knee surgery 7 weeks before the date of the incident Stepping out on stage with the assistances of crutches and a stool on april 13 at the Santa fe dam recreation in Irwindale CA.

It was a small crowd I was on an elevated stage I asked the audience if they wanted to move in closer on their hay bail benches. I pick up a stack of 3 metal shaker cups used for juggling, the cups would be thrown in stacks through the air and they would separate and fall back into each other. I made my first throw and the cup did not fall back into itself it clipped the rim of the other cup and bounced off the stage once and into the audience and hit a 6yr old kid in the forehead in the front row causing a little blood.

fortunately there was already a fair office official in the crowd with a radio calling for first aid assistance and a first aid golf cart took the kid and his family to first aid.

I was under the suspicion that Family assured me everything would be ok. After they left I finished the show as quickly as I could and raced to the First aid tent to see they were already on their way to the hospital to get stitches.

It was not until mid October 9th 2014 I was contacted by my employer about providing my insurance info for the incident that happened on April 13 2014.

After reviewing my claim my insurance company is choosing to not cover this incident because I didn’t call it in within 72 hr of it happening which is stated in the contract I signed when I first purchased the insurance back in July.

Ive called their attorney's secretary to keep me informed. Which they have not. From what they told me from the first call that the kid is still under doctors care 7 months after the incident for a few stitches. I hear from my employer they are contacting the LA parks department for coverage. They told me that since my insurance is not covering it they are going after the state and the state will go after me once they get what they want. Then they told me that I shouldn't even be trying to contact the attorney.

What do I do from here? how much can they come after me for? do I look for a lawyer even if I don't have a letter of demand yet? What kind of lawyer should I get that could best defend my case? I just got the fathers contact info should I call him and plea to drop this suit? Ive never been in this situation and could use any advice you may have. thank you
 


quincy

Senior Member
I’m a juggler at the California Renaissance fair I recently had Knee surgery 7 weeks before the date of the incident Stepping out on stage with the assistances of crutches and a stool on april 13 at the Santa fe dam recreation in Irwindale CA.

It was a small crowd I was on an elevated stage I asked the audience if they wanted to move in closer on their hay bail benches. I pick up a stack of 3 metal shaker cups used for juggling, the cups would be thrown in stacks through the air and they would separate and fall back into each other. I made my first throw and the cup did not fall back into itself it clipped the rim of the other cup and bounced off the stage once and into the audience and hit a 6yr old kid in the forehead in the front row causing a little blood.

fortunately there was already a fair office official in the crowd with a radio calling for first aid assistance and a first aid golf cart took the kid and his family to first aid.

I was under the suspicion that Family assured me everything would be ok. After they left I finished the show as quickly as I could and raced to the First aid tent to see they were already on their way to the hospital to get stitches.

It was not until mid October 9th 2014 I was contacted by my employer about providing my insurance info for the incident that happened on April 13 2014.

After reviewing my claim my insurance company is choosing to not cover this incident because I didn’t call it in within 72 hr of it happening which is stated in the contract I signed when I first purchased the insurance back in July.

Ive called their attorney's secretary to keep me informed. Which they have not. From what they told me from the first call that the kid is still under doctors care 7 months after the incident for a few stitches. I hear from my employer they are contacting the LA parks department for coverage. They told me that since my insurance is not covering it they are going after the state and the state will go after me once they get what they want. Then they told me that I shouldn't even be trying to contact the attorney.

What do I do from here? how much can they come after me for? do I look for a lawyer even if I don't have a letter of demand yet? What kind of lawyer should I get that could best defend my case? I just got the fathers contact info should I call him and plea to drop this suit? Ive never been in this situation and could use any advice you may have. thank you
I agree that you should not be contacting the family's attorney or the family directly.

You can find an attorney in your area now for a personal review of the accident, or you can wait to be sued. Your choice. I think you would be smart to have a personal review now, to see exactly where you stand legally against potential claims.

A personal injury attorney is the type of attorney you will want to locate to review the matter for you.

Good luck.
 

justalayman

Senior Member
gypsyboondock;3309148]
how much can they come after me for?
all of the child's actual medical costs; the losses of the parent, if any, to attend to the child, and possibly some pain and suffering for the child.


do I look for a lawyer even if I don't have a letter of demand yet?
telephone? You know the facts of the case, as far as your side goes; while an attorney isn't going to do anything until you receive a demand letter, you can use the time to shop for one you are comfortable with.


I just got the fathers contact info should I call him and plea to drop this suit?
why should he drop any suit? I have one reason; you willingly pay whatever demand he makes without him having to file suit to get the money.

but other than that, you injured a child. Especially after you suggested they move in closer, I don't think you have a way out of the liability.
 

PaulMass

Member
Get your own attorney, and have him or her review your insurance policy as well. Your insurance company may not be off the hook as easily as they claim.
 

LdiJ

Senior Member
I am going to emphasize something in the discussion here that really needs to be emphasized...you are not the first insured person who messed up and didn't inform your insurance company of potential liability when you should have, and you will not be the last to do so. Its an all too common error. You need to learn from this error and you need to inform your insurance company of every possible issue, no matter how small (or even absurd) it seems to you to start.
 

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