I had a head-on collision with a little kid probably about 9yrs. old or so at a skatepark 10months back. I broke my lower orbital (eyesocket) and had to have stitches. I just received a 4grand medical bill that I'm trying to pay off. This was in Houston TX and I am living in Minnesota now. It was clearly the kids fault. He dropped in on about a 10ft qaurterpipe right as i had landed a trick over a pyramid ramp. I dodge kids all day at parks. I'm an ameteur skater, been skatin 10+ years. I was doing a nollie 360 over the ramp, point being I landed blind sided (my eyes not facing forward). The kid must not have looked at all and rolled down the ramp right as I was landing a trick the opposite way. I didn't have health insurance and I'm wandering if theres any way I can sue the kid or his insurance company? Or any way I can get money to pay for my expenses?
Tim O
Prove it was the kids fault you can take it to trial and i sure hope you would lose. People get hurt in sports everyday come on people are way to sue crazy
Lowlevel
Why the hell would you sue a child for your own incompetance?
How old are you?
Why would you do anything as dangerous as skate in a public place without Health Insurance?
Dude, it's juast one of those things.. You had some bad luck.. Stop looking for someone to blame...
chris
you will need a police report.
Toodeemo
First of all, nine year old kids dont HAVE insurance. Secondly, you assume the risk of getting hurt when you participate in sports. Any sports. Let alone those as dangerous as this. Thirdly, as you said,, you dodge kids all day long. That presupposes to me that kids make mistakes like this all day long and you, the 10 year plus skater are a relative pro to them. So you are held to a higher standard of care and skill. So it is unlikely that you would be able to prove the kid was at fault. Assuming there is anyone who could accurately support your account of what happened in the first place.
Let''s assume his parents have some kind of homeowner's insurance that covers accidents...even off the home premises. This kind of activity would probably be excluded from coverage anyway. So, you could sue the parents and try to get money out of them personally. Or maybe you can get a judgment against a nine year old and attach his milk money for the rest of his life.
Bottom line is you probably cant prove who is at fault, the assumption of risk would defeat your claim anyway, and you will probably incur legal fees in the attempt to recover. I cant imagine an attorney taking this on a contingency. Make a deal with the doctors and pay it off. Often, they will discount the amount owed.
skeptic scott
Only in America.
You were both in the skate park and both participating in what any non skater would consider dangerous stunts. Were there any signs regarding safety or liability? I would imagine, if it was an official skate park, they would indemnify themselves, and any reasonable jury would ask why you were not wearing protective gear, were you?
What the heck, go head to head with the kid (again) it will do wonders for your street cred, you may even gain national acclaim, a la Darren Sherman.
hexeliebe
toodeemo is right on. "ASSUMED LIABILITY". Look it up and learn it before you go back on the skateboard.
Charlie S
Sure, people sue all the time. I guess the real question is "Can you win?"
To determine that, go to a lawyer who works on contingnecy. If he won't take the case on contingency, you can't win.
If you do win, what are you going to win? His skates? His Xbox? Do you seriously think this kid has 4 grand sitting in his sock drawer?
By engaging in risky behavior you accept some responsibility for the consequences. If you had been driving a car and you were engaged in a front end collision, as you obviously were in this case, you would be at fault.
I think your time would be more profitably spent negotiating with the health care provider on the fee, or some payment terms.
Hillary
You need to hire a personal injury attorney, but I'm going to tell you right now, it doesn't seem to me like you have a very good case. In public skate parks, you assume a lot of your own liability (note the "skate at your own risk" signs), and suing the kid or his parents wouldn't help much, either.
Orignal From: Can I sue a minor or their insurance company for my 4,000 dollar medical exp. due to a head injury?
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