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Who is liable for injury occuring on a rental property Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by KellySouth, Jul 8, 2020.

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  1. KellySouth

    KellySouth Law Topic Starter New Member

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    My 17 year old daughter was driving a recreational vehicle at a friend's house. Her friend's parents do not own the home, they are renters. An accident occurred, causing injury to another visiting friend who is 18, resulting in medical bills. Who is legally responsible?
     
  2. zddoodah

    zddoodah Well-Known Member

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    A recreational vehicle? Like this?

    [​IMG]

    Who owns the RV? What sort of RV? Was she doing this with your permission? Was she doing it with the permission of the owner of the RV and/or your daughter's friend's parents? What is your daughter's level of experience with this particular RV or any RV? Is your daughter properly licensed to drive an RV?

    Did you witness the accident? Regardless, please describe the accident and how it occurred.

    Responsible for...? I assume you're asking whether anyone other than the injured person is legally liable for paying that person's medical bills. There's no way to answer that without knowing how the accident occurred.
     
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  3. Zigner

    Zigner Well-Known Member

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    The person who is responsible for the injuries is responsible. If the responsible party is a minor, that responsibility might be shifted to the parent(s) if the facts of the matter warrant it, but they don't appear to warrant it as you've (sparsely) described them.

    If your kid caused an accident then your kid is responsible. Trying to shift the blame to the property renter and/or owner is a bit slimy if you ask me.
     
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  4. Zigner

    Zigner Well-Known Member

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    If I were a bettin' man, I'd say that the OP probably means something more along the lines of an ATV of some sort.
     
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  5. KellySouth

    KellySouth Law Topic Starter New Member

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    I did not witness the accident. It is not an RV. She did have my permission to drive it and the owner's permission. She had driven it before. My understanding is that my daughter was driving in a field with 4 others on board of a gator/Kubota type vehicle and their weights were not evenly distributed and it tipped over. As it was tipping, the injured person stuck his leg out instinctively to try to balance but it fell on his leg. Yes, my question is regarding who is responsible for the cost of his medical bills.
     
  6. KellySouth

    KellySouth Law Topic Starter New Member

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    Wow! Not trying to be slimy at all! Or shift blame. I'm trying to be informed of whose insurance covers what. Thanks for the charitable judgment without knowing all the facts.
     
  7. Zigner

    Zigner Well-Known Member

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    Based on what you have described, your daughter is quite possibly responsible for some portion of the liability here.

    This is the first time you've mentioned anything about insurance. I based my post(s) on the information YOU provided. Even with the additional information, I still find it a bit untoward that you would expect someone else to be responsible for your daughter's negligence.

    Having said that, it's entirely possible that your daughter might not be responsible for all of the damages based on various legal theories. I don't know how much the medical bills are, but you may want to retain an attorney on your daughter's behalf.
     
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  8. KellySouth

    KellySouth Law Topic Starter New Member

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    Responsible for...? I assume you're asking whether anyone other than the injured person is legally liable for paying that person's medical bills. There's no way to answer that without knowing how the accident occurred.[/QUOTE]

    I replied below. Sorry I'm new here and trying to figure out how this works! Thanks.
     
  9. KellySouth

    KellySouth Law Topic Starter New Member

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    I don't expect anyone to be responsible for my daughter's negligence. We aren't raising entitled snowflakes in our house. I apologize if my question wasn't worded clearly enough.
     
  10. army judge

    army judge Super Moderator

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    I replied below. Sorry I'm new here and trying to figure out how this works! Thanks.[/QUOTE]

    If you have an umbrella policy or homeowners your insurer might offer you some comfort.

    It can't hurt to inquire.
     
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  11. Zigner

    Zigner Well-Known Member

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    I just want you to understand that I was replying based on the information that you provided. I believe you when you say that you aren't trying to shift blame, but simply trying find to whom liability should properly be assigned.

    As was suggested, you should contact your insurance company to see if they will assist in this matter.
     
  12. zddoodah

    zddoodah Well-Known Member

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    So...it's a recreational vehicle but not an RV? Huh?

    Your reference to "a gator/Kubota type vehicle" tells me it's neither an RV nor a recreational vehicle, but rather, a utility vehicle/ATV. Doesn't matter too much.

    One can only assume that the tip-over occurred because of your daughter's negligent operation of the vehicle and that she is therefore liable for the cost of the medical bills. She might have an argument that the passenger was also negligent and that his negligence contributed to the severity of the injuries. However, I don't think that's going to get her very far.

    Nothing in your post indicates that you would be vicariously liable for this. While it's not inconceivable that the tenant who rents the property and who owns the ATV might have some liability, the owner of the property certainly does not.

    You should contact your auto liability and homeowner's/renter's insurance carriers and ask whether this will be covered.
     
  13. adjusterjack

    adjusterjack Super Moderator

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    There are two issues. Negligence and Insurance.

    Let's start with negligence. The operator of a vehicle who causes an accident is responsible for the cost of injury or damage to others. However, in this case there may be a partial defense. The Gator in the photo is appears to be a two seater with a very shallow utility bed with no seats and no restraining devices. My guess is that the two people sitting back there were doing so dangerously therefore assumed the risk of injury. It's also possible that their position back there is what caused the imbalance of the vehicle, making them essentially responsible for their own injuries, especially if there was any horsing around going on. On the other hand, your daughter should have recognized the danger of occupying the bed, and should have refused to allow it to be occupied. There's going to be some back and forth with regard to negligence based on the details of what actually happened.

    Now we get to insurance. These comments are based on standard policies used nationally but might vary somewhat in your state.

    If the ATV was licensed and registered for road use, it would have to have been insured on the owner's auto policy. That policy defines "an insured" to include a driver who operates a covered vehicle with the permission of the owner. In that case, the owner's policy would pay for any injury caused by your daughter.

    If the ATV was not licensed and registered for road use the owner's homeowner's or renter's liability insurance would cover it for liability and also define your daughter as "an insured" and would pay for any injury sustained by her passengers.

    Both policies, of course, would have defenses available as mentioned earlier.

    There may be more discussion on the matter so please answer these questions.

    Is somebody demanding money from your daughter or your? If yes, who is demanding it and under what circumstances?

    Has any insurance company gotten involved?

    This is a Kubota Gator type vehicle.

    [​IMG]
     
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  14. Disabled Vet

    Disabled Vet Active Member

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    Many years ago when these utv came out of production they didn't have doors. Of course when driving to fast and turning to sharp they would roll. Several lawsuits were filed against the maker of the utv. I have a yamaha rhino utv. yamaha offered to put doors on the utv to prevent people from sticking their leg out during a roll over. Maybe... you could sue the maker of the utv
     
  15. Zigner

    Zigner Well-Known Member

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    Liability has nothing to do with whether or not a report is filed.
     
  16. zddoodah

    zddoodah Well-Known Member

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    First of all, I'm not sure why you've chosen to resurrect a thread that's been dormant for over a month.

    Second, what sort of "report" are you referring to, and with whom do you suppose it ought to have been filed? Why do you think liability might depend on someone filing some sort of report with someone. Most importantly, why would you guess about something like this. Guessing about how the law works is not generally of any help to anyone.

    Huh?

    A "legal consultant"? Like a lawyer?
     

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