Anonymous
09/06/2014 22:46
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:Anonymous wrote:I don't think it would ever occur to me to sue over a broken leg. Am I the weird one?
It may not have been the actual family that sued. After the health insurer received the claim, they probably sent an information form to the insured family asking for more information about how the accident occurred. Based on that information, the health insurer would then pursue a claim against the home owner's insurance policy for reimbursement of the claim payments. It's called subrogation, and the insured doesn't initiate it, nor can they prevent it (other than paying the while thing out of pocket and not using their insurance).
This. I'm not sure on the legal technicalities but my friend had to sue her own mother because they were in a car accident, she was injured and mother was driving. It was all initiated by insurance. I fell at work and broke my ankle and insurance was trying to sue my employer. Turned out to be covered under workers comp though.
Anonymous
09/06/2014 22:39
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:This is an ongoing problem with "event" birthday parties. Unqualified staff. Better to have traditional parties at home.
No, it's a reason in favor of "event" parties. Kids can get hurt anywhere, but at least when it's somewhere other than your house, the medical expenses are between the other parent and the business.
How do they get around the signed waivers?
One of the few things that I remember from my torts class in law school is that waivers are not worth the paper they're written on. You can't waive negligence (or at least that was what I was taught in another state about twenty years ago).
Not sure, but as a general matter, I thought that it was gross negligence that can't be waived. Waivers are not entirely worthless.
This varies tremendously by state, you can't make a blanket assertion of what can and cannot be waived.
That is correct.
Anonymous
09/06/2014 22:32
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
I first thought the title said broke wind. I wish I was right.
Anonymous
09/06/2014 22:26
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:This is an ongoing problem with "event" birthday parties. Unqualified staff. Better to have traditional parties at home.
No, it's a reason in favor of "event" parties. Kids can get hurt anywhere, but at least when it's somewhere other than your house, the medical expenses are between the other parent and the business.
How do they get around the signed waivers?
One of the few things that I remember from my torts class in law school is that waivers are not worth the paper they're written on. You can't waive negligence (or at least that was what I was taught in another state about twenty years ago).
Not sure, but as a general matter, I thought that it was gross negligence that can't be waived. Waivers are not entirely worthless.
This varies tremendously by state, you can't make a blanket assertion of what can and cannot be waived.
Anonymous
09/06/2014 22:25
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:I don't think it would ever occur to me to sue over a broken leg. Am I the weird one?
It may not have been the actual family that sued. After the health insurer received the claim, they probably sent an information form to the insured family asking for more information about how the accident occurred. Based on that information, the health insurer would then pursue a claim against the home owner's insurance policy for reimbursement of the claim payments. It's called subrogation, and the insured doesn't initiate it, nor can they prevent it (other than paying the while thing out of pocket and not using their insurance).
Anonymous
09/06/2014 21:54
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:This is an ongoing problem with "event" birthday parties. Unqualified staff. Better to have traditional parties at home.
No, it's a reason in favor of "event" parties. Kids can get hurt anywhere, but at least when it's somewhere other than your house, the medical expenses are between the other parent and the business.
How do they get around the signed waivers?
One of the few things that I remember from my torts class in law school is that waivers are not worth the paper they're written on. You can't waive negligence (or at least that was what I was taught in another state about twenty years ago).
Not sure, but as a general matter, I thought that it was gross negligence that can't be waived. Waivers are not entirely worthless.
Anonymous
09/06/2014 21:53
Subject: Re:Party guest broke wrist at DD's party. Anything i should do to help?
Also, generally they aren't expecting the homeowners who invited them to the party to pay. They are expecting the homeowner's home insurance will come up with the money. Usually.
Anonymous
09/06/2014 21:52
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:I don't think it would ever occur to me to sue over a broken leg. Am I the weird one?
People sue when they have no insurance and need to come up with $10,000 to pay medical expenses, (or more) Or in the event they have a high deductible, and can't or don't want to pay it.
Anonymous
09/06/2014 21:45
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:Anonymous wrote:No, you are a nice person who understands accident happen.Anonymous wrote:I don't think it would ever occur to me to sue over a broken leg. Am I the weird one?
+1. I think it's kind of scummy to sue over a broken leg. it's not like the host deliberately did anything to cause harm to this child.
+2 way to get your kid blackballed for future parties. I'd never invite that child to my house.
Op, I think balloons and flowers are fine. If you want, you may want to invite the child over for a dinner time play date in a couple of weeks (or a sleep over if old enough) so the parents can have a date might.
Anonymous
09/06/2014 21:39
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
A lawyer friend said the same thing - worthless.
Anonymous
09/06/2014 21:35
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:Anonymous wrote:Anonymous wrote:This is an ongoing problem with "event" birthday parties. Unqualified staff. Better to have traditional parties at home.
No, it's a reason in favor of "event" parties. Kids can get hurt anywhere, but at least when it's somewhere other than your house, the medical expenses are between the other parent and the business.
How do they get around the signed waivers?
One of the few things that I remember from my torts class in law school is that waivers are not worth the paper they're written on. You can't waive negligence (or at least that was what I was taught in another state about twenty years ago).
Anonymous
09/06/2014 21:34
Subject: Re:Party guest broke wrist at DD's party. Anything i should do to help?
If the lawyers get involved, they'll go after the gym. I'm guessing there was a waiver, though.
Anonymous
09/06/2014 21:29
Subject: Re:Party guest broke wrist at DD's party. Anything i should do to help?
A kid broke her toe at an at-home bday party hosted by a classmate a few years ago. My daughter broke her wrist at school during PE. I wasn't happy about it, but kids get hurt. Not sure how you get around that.
Anonymous
09/06/2014 21:27
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
Anonymous wrote:No, you are a nice person who understands accident happen.Anonymous wrote:I don't think it would ever occur to me to sue over a broken leg. Am I the weird one?
+1. I think it's kind of scummy to sue over a broken leg. it's not like the host deliberately did anything to cause harm to this child.
Anonymous
09/06/2014 21:13
Subject: Party guest broke wrist at DD's party. Anything i should do to help?
No, you are a nice person who understands accident happen.Anonymous wrote:I don't think it would ever occur to me to sue over a broken leg. Am I the weird one?