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One year old eye injury from Air-soft gun at teen friends home. Is this a homeowners policy issue- too late to pursue?

Lithia, FL |

8th grade son attended friends birthday party. While there, friends brother came home with air soft gun. Kids at party played with gun- my son was shooting towards the ground, away from other kids and pellet ricocheted off walkway and lodged in his eye. His cornea was scratched, and he suffered bleeding behind his retina. Missed 4 months of competitive soccer training, school was impacted by numerous specialists visits, under retina specialists care for one year, lost some peripheral vision (he's a goalkeeper) and still has areas in his eye where blood pooled and has not dissipated. We never allowed air soft/bb/paintball guns in our home. Mandatory one year checkups with eye doctor perpetually.

Attorney Answers 10


  1. First, to answer your question, it's not too late to pursue. Florida has a four year statute of limitations period, so you are well within that time frame. This could involve a potential negligent lack of supervision or other cause of action, but requires a lot of follow up questions. I would encourage you to find a personal injury attorney close by (you can look for one on AVVO), and get in for a free consultation. At the consultation, upon hearing more specific facts, the attorney can advise you. Best of luck.

    DISCLAIMER: Attorney Scott McPherson is a sole practitioner representing injured persons in the Tampa Bay area of Florida. He has extensive litigation experience in State and Federal Court, and has argued before Florida's appellate courts. Answers provided by Attorney McPherson are not to be deemed legal advice, as it would be impossible to analyze the merits of a case based on a single forum question. No attorney-client relationship is created or implied by Attorney McPherson's responses.


  2. It's not to late to pursue a claim. Whether a claim to benefit your son may properly be advanced is an entirely different matter. The time delay will be a major issue. Contact local and qualified personal injury litigation counsel today. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. It could be. It could also be a negligent supervision type claim for personal injuries. Get copies of your medical records and bring them to an experienced personal injury attorney ASAP. There are time restrictions, but you should be ok. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  4. In Florida generally you have 4 years to pursue a claim for negligence. The injury may be covered under the homeowner's insurance policy subject to certain limitations. I would recommend you contact an attorney immediatly to evaluate your claim and assist you.


  5. Consult with a local FL personal injury attorney ASAP - many offer free consultations

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  6. I am sorry to hear about your son's injury. Based upon your description, the statute of limitations would be 4 years from the date of the injury. As far as homeowner coverage, this type of injury is generally covered but it does depend upon the language of the policy and if there are any exclusions. You should contact an attorney who can assist you and your son sort through these issues.


  7. Florida allows four years to make a claim for negligence. Most likely, there will be insurance coverage for negligence, negligent supervision and maybe negligent entrustment of the toy to a child causing injury. There also may be medical payments coverage for injuries if you submit medical bills and medical records within a certain timeframe after the accident by contract. Be careful. Some insurance policies or limit medical payments to submission of records and bills within 12 months. Some insurance policies have no medical payments coverage at all. A letter issued to the homeowner pursuant to Florida Statute 627.4137 requires the insured to provide you an insurance disclosure including grounds to deny coverage.

    A competent attorney who practices law within the field should be able to help you in this regard.

    Let me know if I can be of assistance.


  8. in florida we have a 4 year statute of limitations for negligence claims. you are well within the statute however i would strongly suggest that you begin this process, it is important to put the homeowners insurance on notice of the claim, they may have a medical payments policy that could defer some of your medical expenses. it is important to protect your sons future, and help him get compensated for his loss


  9. You have four (4) to file a lawsuit. This would be a claim against the homeowner which homeowners insurance should cover. Please feel free to call me if you would like to seek a free consult (305) 937-0191.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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