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

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.

Lithia, FL -

Attorney Answers (10)

Scott Michael McPherson

Scott Michael McPherson

Personal Injury Lawyer - New Port Richey, FL
Answered

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... more
Robert Edwin Collier II

Robert Edwin Collier II

Car / Auto Accident Lawyer - Fort Lauderdale, FL
Answered

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.

Scott W. Leeds

Scott W. Leeds

Personal Injury Lawyer - Miami, FL
Answered

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.

Samuel Aaron Coffey

Samuel Aaron Coffey

Personal Injury Lawyer - Fort Lauderdale, FL
Answered

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.

James Lawrence Magazine

James Lawrence Magazine

Personal Injury Lawyer - New Port Richey, FL
Answered

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

Jeffrey Mark Adams

Jeffrey Mark Adams

Personal Injury Lawyer - Bronx, NY
Answered

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... more
Matthew C Simon

Matthew C Simon

Personal Injury Lawyer - Parsippany, NJ
Answered

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-... more
Michael R Crosner

Michael R Crosner

Personal Injury Lawyer - Northridge, CA
Answered

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 .... more
Sagi Shaked

Sagi Shaked

Personal Injury Lawyer - Miami, FL
Answered

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)... more
Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

Have a local lawyer pursue a claim.

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.