This is a question that frequently comes up at neighborhood barbecues or other social gatherings amongst friends who have small children: do you carry enough personal liability insurance? When groups of children play, in the yard for example, inevitably one ends up hurt. It happens all the time. Fortunately most of the time, it is a minor injury related to a bump or a bruise and the child is back laughing and playing with friends in minutes.
However, sadly those injuries can at times be severe: A child falls off a trampoline and seriously breaks his leg; A boy swings a golf club and hits a child in the head.; A little girl suffers a concussion in a “bounce house”; A toddler tragically drowns in a swimming pool while out of sight for merely seconds. While no one wants to actually contemplate these types of incidents , they do occur. And, if they occur on your property then you are potentially liable for the damages associated. In other words, that friendly barbecue may have just cost you a lot more than the price of hot dogs, potato salad and drinks.
Personal Liability Insurance: A Case Study
To highlight a real world example, our firm most recently obtained a $300,000.00 settlement, the insurance policy maximum, for an 8 year old boy who was struck in the face by another 13 year old child swinging a baseball bat. Our client permanently lost his top four front teeth and suffered a permanent scar on his lip.
The incident was not intentional and was purely accidental in nature. However, we were able to establish: 1) the older boy had been previously warned not to swing his bat around younger children; 2) the homeowner knew that the older boy continued to swing his bat despite prior warnings and 3) the older boy was generally unsupervised in his activities. The insurance company for the property owner paid the claim under the property owner’s liability provision in their homeowner’s policy. The property owner was not subject to personal “out-of-pocket” expense related to the incident because the property owner had purchased sufficient insurance to cover the claim. If the homeowner did not have sufficient coverage, then he would have had significant personal financial exposure related to this incident.
Personal Liability and Personal Injury Consultations
Protect yourself and your money. But, also know that if you or a loved one is injured on the property of another due to negligence you very well may have a claim for personal injury. We at Harrington, Thompson can help. Any consultation is free and we recover no fees unless you win.