Yes. If your child was seriously injured at a sleepover at someone else's home, you may have grounds for a premises liability claim. Premises liability claims allow victims to seek compensation for injuries that occurred on another person's property.
When the victim is a minor, a parent (or legal guardian) brings the lawsuit on behalf of the child. Depending on the details of your sleepover accident case, potentially recoverable economic and non-economic damages include:
- Current and future medical expenses related to the accident
- Loss of future income (if the injuries will affect the child's future earning capacity)
- Physical pain and suffering
- Emotional distress
- Your lost wages and out-of-pocket expenses
In premises liability cases involving adults, the victim has two years to bring a lawsuit. However, when the victim is a child, the two-year filing deadline is tolled until their 18th birthday, meaning that they generally have up to their 20th birthday to take legal action. Unfortunately, waiting too long to file a lawsuit can negatively affect the availability and quality of the evidence needed to prove the claim. As a result, it's wise to consult a skilled personal injury and premises liability attorney as soon as possible.
In some cases, parents may be reluctant to file this type of lawsuit because the would-be defendant is a relative, close friend, neighbor, or someone else they know. While you may be worried about the effect a lawsuit could have on their finances—and your family's relationship with them—premises liability accidents are often covered by homeowners or renters insurance policies. Additionally, in many instances, taking this route may be the only way to recover the compensation your child will need for accident-related care.
Talk to Us About Your Premises Liability Case
If your child was hurt at a sleepover, you need skilled legal representation. Fortunately, you've come to the right place. Contact Rechtman & Spevak today to schedule an appointment for a free initial consultation.