Liability in US when someone else gets hurt

Discussion in 'Legal Issues' started by tbarr60, Mar 15, 2007.

  1. #1
    Our church had a youth outing that included some outdoor sports. One child who got hurt. The parents may be suing everyone. Assuming the church had a signed off permission slip, who is liable?

    "Everyone" that is being sued in this case is the church, the owner of the sports equipment, the manufacturers, the person who was controlling the equipment, ladies that comforted the girl, the hospital that check the child out and cleared her, the driver of the vehicle that brought her back on several hour drive, etc.

    If individuals are liable, is this typically covered by homeowners insurance or other liability? Can they be forced to sell a home or cash in retirement accounts? I wasn't on the trip but plenty of people near me were.

    Thanks.
     
    tbarr60, Mar 15, 2007 IP
  2. Kalyse

    Kalyse Peon

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    #2
    Firstly, how was the child was hurt and how much damage was caused.

    Was it negligence? Reckless? Intentional?
    And who was the person who did it?

    I can advise you on UK law but not US since I have no idea.

    Essentially you havent provided enough information.
     
    Kalyse, Mar 15, 2007 IP
  3. tbarr60

    tbarr60 Notable Member

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    #3
    In the US, if someone is injured for any reason, lawyers will try to sue whoever has deep pockets in this case there was no negligence, recklessness, or intent to injure. The child was using some equipment as normal but fell. The fall was rather normal but the injury was not normal, pain persists many months later.
     
    tbarr60, Mar 15, 2007 IP
  4. Kalyse

    Kalyse Peon

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    #4
    Okay, its best I not advise since any advice I give is based on English law :)

    Goodluck.
     
    Kalyse, Mar 15, 2007 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    Yes, they can obviously sue anyone. A signed permission slip isn't likely a release of liability and wouldn't include negligence. The lawyer is likely going to claim some type of negligence or faulty equipment - that is was an activity that shouldn't have been allowed or didn't have proper supervision, bla, bla, bla. Whether or not they will be successful in court is unknown.

    Yes, you can be forced to sell you house to pay a judgment, although certain states provide protection for your home (Florida is one). Normal homeowners insurance would not pay for this claim, although there are umbrella policies that would.
     
    mjewel, Mar 16, 2007 IP