Anonymous wrote:

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?

Wait until your kid breaks his leg and all that comes with that. You may feel differently then. BTDT.

Why? Assuming it was just an accident and not gross negligence or an equipment failure, and even still that seems like way more trouble than it's worth.

I broke my leg on my neighbor's trampoline when I was a kid. It was my own damn fault. Stuff happens!

I was poisoned in my neighbor's snake pit as a child. It was my own fault. Stuff happens!

Not all child have health insurance. I know it's the law but some just can't afford it. They make too much to qualify for aide but can't afford the premiums. I can see parents who's children have no insurance suing.

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.

I'm sorry, but at every home b-day I've ever hosted or that my kids have attended NEVER did anyone break a bone.

My friend had a water slide blow up thing at her house. A kid broke his leg. The parents sued her for 10,000 thankfully home owners insurance took care of it.

Did the lawsuit effect your friendship

I can't see how it wouldn't have. It's one thing for one party's insurance to sue the other's insurance to cover the cost. It's entirely different for the parent of the injured child to personally go after the other family for damages in excess of the actually medical bills.

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.

I'm sorry, but at every home b-day I've ever hosted or that my kids have attended NEVER did anyone break a bone.

My friend had a water slide blow up thing at her house. A kid broke his leg. The parents sued her for 10,000 thankfully home owners insurance took care of it.

Did the lawsuit effect your friendship

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.

+1

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Anytime you go to the ER, most insurance companies sent those subrogation, etc. type of forms. It is my understanding that in my insurance, it is not mandatory to complete it. I have UHC. We have unfortunately had a few broken bones and several trips to the ER for stitches, etc over the last 5 years, and I just got tired of completing those forms. I pay so much just to have insurance, I am not going to help them pass the buck. Whether the school or property owner is liable for what happens on their property, and they probably are, is irrelevant to me. I would never consider suing a friend or a school, unless something was incredibly egregious.

Your insurer may have decided not to pursue it, but odds are your insurance policy has a clause requiring that you cooperate with subrogation efforts or risk not being covered.

My experience has been the forms indicate you must return them or they will not process the claim. I had a provider call just a couple of months ago to tell me the insurance was holding up payment because they were waiting to get my response. I had just sent it in within the past few days but it was pretty clear the insurance wasn't paying a dime till the paperwork was completed. I have United Healthcare FWIW.

PP, well I guess I have gotten lucky, because over the last 18 months this family of 5 has had 4 broken bones, two surgeries, and probably 7 trips to the ER for either those bones or stitches. I stopped filling them out and my claims are paid, so were all PTs, etc. related thereto. I used to complete them diligently, and UHC would continue to send them to me for the same claims, I even called them to stop harassing me. So in my situation, when a new situation arose I stopped completing them. If they ever threatened not to pay, I would complete it, but I won't be strong armed voluntarily into suing someone when my insurance is supposed to take care of my family when we need it.

Hope the little girl gets better soon.

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).

Exactly. That's why the stub/receipt you are given when you hand over your car saying "we are not responsible" is just show. Of course they are responsible if they are taking money to park your car.

Anonymous wrote:

Anonymous wrote:Anytime you go to the ER, most insurance companies sent those subrogation, etc. type of forms. It is my understanding that in my insurance, it is not mandatory to complete it. I have UHC. We have unfortunately had a few broken bones and several trips to the ER for stitches, etc over the last 5 years, and I just got tired of completing those forms. I pay so much just to have insurance, I am not going to help them pass the buck. Whether the school or property owner is liable for what happens on their property, and they probably are, is irrelevant to me. I would never consider suing a friend or a school, unless something was incredibly egregious.

Your insurer may have decided not to pursue it, but odds are your insurance policy has a clause requiring that you cooperate with subrogation efforts or risk not being covered.

My experience has been the forms indicate you must return them or they will not process the claim. I had a provider call just a couple of months ago to tell me the insurance was holding up payment because they were waiting to get my response. I had just sent it in within the past few days but it was pretty clear the insurance wasn't paying a dime till the paperwork was completed. I have United Healthcare FWIW.

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.

I'm sorry, but at every home b-day I've ever hosted or that my kids have attended NEVER did anyone break a bone.

Well, at every home or event birthday party that our kids have been to, no one has broken a bone. I haven't heard of any friends kids being at a party where anyone's bone was broken! What does this prove?

Anonymous wrote:Anytime you go to the ER, most insurance companies sent those subrogation, etc. type of forms. It is my understanding that in my insurance, it is not mandatory to complete it. I have UHC. We have unfortunately had a few broken bones and several trips to the ER for stitches, etc over the last 5 years, and I just got tired of completing those forms. I pay so much just to have insurance, I am not going to help them pass the buck. Whether the school or property owner is liable for what happens on their property, and they probably are, is irrelevant to me. I would never consider suing a friend or a school, unless something was incredibly egregious.

Your insurer may have decided not to pursue it, but odds are your insurance policy has a clause requiring that you cooperate with subrogation efforts or risk not being covered.

Anonymous wrote:Wow, I would think it was very nice that you just called to find out how my kid was. Accidents happen. You sounds like a really nice person.

This is how I'd feel, too, if it was my child that got injured.

Wow, I would think it was very nice that you just called to find out how my kid was. Accidents happen. You sounds like a really nice person.

Anonymous wrote:Whether to recover medical costs from the host or not seems to me to be at the discretion of your health insurance provider. I have, on several occasions, received a notice form Aetna, Cigna, USHealthcare (whoever we were covered under at the time) saying they could not process our claim till they received further information and asking for details of exactly where the accident occurred (was it your home, another person's home, work, school, etc.) as they were sorting out if they were responsible for the bill or if there was another party (i.e. homeowners insurance) that would be responsible. As other PP's have said, not sure about the legal technicalities, but it seemed it was out of our hands and we were to provide the info and the insurance would then determine responsibility for cost.

Anytime you go to the ER, most insurance companies sent those subrogation, etc. type of forms. It is my understanding that in my insurance, it is not mandatory to complete it. I have UHC. We have unfortunately had a few broken bones and several trips to the ER for stitches, etc over the last 5 years, and I just got tired of completing those forms. I pay so much just to have insurance, I am not going to help them pass the buck. Whether the school or property owner is liable for what happens on their property, and they probably are, is irrelevant to me. I would never consider suing a friend or a school, unless something was incredibly egregious.

I would send the little girl some balloons and maybe stop by with some ice cream and a cute kiddie movie or stuffed animal. If her wrist is broken, she probably cannot color (you need a hand to hold the paper and another to use the crayon), or do any crafting, which I know can't be done because I have broken my wrists before. I would check in with the parents periodically but don't over due it.

My daughter broke her arm just this week at play date. They were horsing around on a chair, she fell off, and whacked her arm on the wall. I take her for a cast tomorrow. My friend apologized profusely. I told her (and meant it), that it was not her fault, and that I think all our kids learned a valuable lesson about using a recliner as a trampoline.

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.

I'm sorry, but at every home b-day I've ever hosted or that my kids have attended NEVER did anyone break a bone.

And I have yet to be at a bounce house party where someone broke a bone either. Your understanding of probability is poor.