Premises Liability wife injured

[brad79]

My wife was talked into firing a potato gun at some friends house. They were using hairspray to fire the gun; however, it would not fire when it came to my wife. The owner of the gun filled it with acetylene gas and oxygen. The gun exploded and severed a nerve in her arm. She has had surgery, but my have permanent nerve damage. Should we sue the owner of the home's homeowners policy for medical expenses or the owner of the potato gun? Thanks

 

[cbg]

Why would you sue anyone but the person who caused the injury?

Besides, you don't sue an insurance company. You file a claim.

 

[brad79]

Thanks for the reply. Sorry for the terminology. We have a friend in the insurance business who mentioned that it may be the homeowner's responsibility since they allowed and aided in the firing of the gun. We have quite a few medical bills already and did not know if their was any way to recoup them, or if it is my wife's fault alone for firing the gun.

 

[FlaRiptide]

You could make claim with the homeowner's home insurance. It will most likely be denied. You could then sue the homeowner. This will also most likely get you nothing.

I did this kind of stuff too when I was 14. I wasn't married at the time and I didn't own a home at the time either. My brain wasn't quite developed either at the time.

So sorry about the injuries caused by this incident to your wife. Unfortunately though, unless you carry personal health and/or accident insurance, you will be paying this yourself.

 

[army judge]

My wife was talked into firing a potato gun at some friends house. They were using hairspray to fire the gun; however, it would not fire when it came to my wife. The owner of the gun filled it with acetylene gas and oxygen. The gun exploded and severed a nerve in her arm. She has had surgery, but my have permanent nerve damage. Should we sue the owner of the home's homeowners policy for medical expenses or the owner of the potato gun? Thanks

First of all, I hope your wife gets better.
I pray she has learned a valuable lesson.
Missouri is a difficult state in which to prove up negligence.
Missouri is a comparative negligence state.

The fact that the gun's owner filled the weapon with acetylene and oxygen, illustrates his negligence.
Any school kid knows those two gasses are a nasty, if not deadly combination.

Was a police report of this tragic incident?
Were paramedics called to the scene?
You need to retain all documentation surrounding this event.
You'll need names, addresses, times, etc...

You should speak with a personal injury lawyer, ASAP!
Most likely the lawyer will take the case for a percentage of whatever award your wife can obtain.
Be advised, this is going to be a difficult case to win.
But, you should at least speak with an attorney and assess your legal position.

In most cases, in order to collect on an injury claim in Missouri, you must prove the person who caused the injury was "negligent" - which is a failure to exercise ordinary care. In Missouri, you must prove:

* The existence of a duty owed to you by the person who caused your injury
* The other person failed to carry out the duty that they owed you
* You suffered damages
* The other person's failure caused you to have the injury

If you were careless, and your carelessness contributed to your injury, the amount you can recover will be reduced in proportion to your carelessness under Missouri comparative negligence law.

Under Missouri law, where two individuals are each responsible to you for the injury because they were both careless and you were not at all careless, each person is jointly and severally liable, which means that you can recover the full amount of the damages awarded to you from either party. They can then seek to collect the share of damages due from the other responsible party. If you were found careless, however, those responsible can have the damages reallocated in certain circumstances.