My baby rolled off of an ottoman at my friend's house who was watching him, and he fractured his scull. Will the insurance cover

Asked over 1 year ago - Rancho Cucamonga, CA

He is 10 months, he was hospitalized for observation, and we've had a ton of doctor's appointments and interviews with CPS and the Assessment center since the accident. It has been an extremely intense and stressful ordeal, but fortunately my son doesn't seem to have had any long term health issues as a result of the fall. We are hoping that her insurance will cover the hospital/medical bills and the time off from work we've had to take. Does this seem reasonable?

Attorney answers (8)

  1. Jeffrey David Bohn

    Contributor Level 12

    9

    Lawyers agree

    Answered . Absolutely! Home owners insurance is usually $100,000.00-$1,000.000.00. You daughter is likely to have suffered long-term injuries if the has had a "ton of doctor's appointments." Your friend should have never put her on an ottoman. (I have four kids and this is an obvious "no-no". You friend committed a negligent act when she failed to supervise your son. The home owners insurance will come up with all sorts of excuses as to why your friend is not liable but this looks like a clear case, it just has to be proven. It is important to collect the information now and consult with a qualified attorney who has handled these types of cases before.

    Jeffrey D. Bohn
    Milliion Dollar Advocate Forum Member
    Serious Child Injury Attorney
    (559) 304-1549, (559) 485-1212
    www.jdbohnlaw.com
    Los Angeles, San Francisco, Fresno, Sacramento

  2. Sarkis Jacob Babachanian

    Contributor Level 12

    7

    Lawyers agree

    Answered . As a dad let me first say I am sorry you experienced this. Even though it seems your son will not have long term issues (hopefully), it's not clear yet. Regardless, it must have been terrifying, and I'm sure just thinking about it turns your stomach.

    I believe placing a baby that young on an ottoman is negligence (a breach of a duty of care causing harm). If she's a homeowner (sometimes even a renter) she will probably have liability insurance which would cover your child's injuries up to the policy limit which tends to be fairly high and probably high enough to cover the bills and then some which your child may end up having placed in a court supervised account for his use later in life.

    It sounds like a promising case, so don't sit on it. Talk to an attorney in person as soon as possible to get the protection your son deserves. Best.

    California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and... more
  3. Tanya Marie Bachand

    Contributor Level 15

    8

    Lawyers agree

    Answered . yes, the medical bills should be covered under the guest medical. I don't think your own time away from work will be covered, as you were not the injured party. The tougher question is whether it was the result of negligence or a defect on the premises. While the homeowner probably committed a negligent act, I am not convinced that homeowners will cover that, as it is designed to cover defects (and negligent acts of minor children) but not necessarily negligent acts of the homeowner themselves. Consult with a local personal injury attorney to see if there is language in the policy that will allow for this type of claim.

    This is general advice and does not establish an attorney-client relationship.
  4. Barry J. Simon

    Contributor Level 9

    6

    Lawyers agree

    Answered . Assuming you are in CA, you need to find out how much your friend's homeowner's liability coverage is and it will cover his negligence. You should retain a PI lawyer as this could be a serious claim on behalf of your baby.

  5. Stephen Ross Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . I would be glad to discuss this with you, in California for a minor the fee is limited to no more than 25%. There should be no rush to settlement. hopefully your child heals with no permanent damage, but it may take a few years to know. All you are asking for is more than reasonable. Any funds for your son will be placed in a blocked bank account for his future and I hope it is bright. I have represented many children over my 40 years of practice and it is amazing how many heal well.

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los... more
  6. David Ian Schoen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You have an obligation to protect your son against any injuries that do not now seem apparent. Consult with a local medical malpractice attorney to get a fair resolution and protection for your baby.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes. Retain a personal injury lawyer with a low contingency fee, less than 30%, so you don't get hurt twice

  8. Tatiana Kadetskaya

    Contributor Level 19

    3

    Lawyers agree

    Answered . You need a top insurance lawyer to get maximum compensation

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