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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12432
Experience:  Attorney experienced in numerous areas of law.
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My 14 year old son sustained a concussion and abrasions as a

Customer Question

My 14 year old son sustained a concussion and abrasions as a result of a fall from a swimming pool slide at a private residence pool. He was there unsupervised during a weekday with the owners daughter and several friends. He was apparently going to jump from the top of the slide into the water and slipped before being able to jump, he landed head first onto the concrete and was knocked unconscious. The home owners agreed to file a claim with their insurance. My question is this; is it possible that I will be denied damages because he was reckless? Hospital bills total $11,920.00 and I plan to add special damages I incurred as well as general damages on my son's behalf. Thank you.
Submitted: 1 month ago.
Category: Legal
Expert:  Brandon M. replied 1 month ago.

Good day, my name is Brandon. What a nightmare for you folks. In which state did this occur?

Customer: replied 1 month ago.
Wisconsin.
Customer: replied 1 month ago.
Are you there?
Expert:  Brandon M. replied 1 month ago.

Thanks. (1) It depends on the insurance policy, but homeowner's policies generally cover injuries on the premises, regardless of who is at fault (as long as the injuries aren't intentionally inflicted.) For any given claim, I would normally expect the insurance policy to cover the full amount of any injuries on the premises. That is my answer. (2) Wisconsin is a modified comparative negligence state, so (depending on the language in the policy) I can't preclude the possibility of the payment being reduced by your son's contribution (if your son's negligence contributed 50% or more to the accident, he wouldn't collect. If your son's negligence contributed less than 50% but more than 0%, the claim would be reduced by that percentage), but the reality is that he's a minor, he was unsupervised, and if this was a foreseeable result of leaving a 14 year old unsupervised then his comparative negligence wouldn't normally be a problem.

​In short, the nuances of the case are key, but full payment could be expected for any given case.

​Let me know if further clarification is needed, and please leave a rating once you are completely finished (it is how I am credited). Thank you!