Visitor Question

Child Hurt at County Fair…

Submitted By: Angel (Fairview, TN)

My four year old daughter was at a county fair and was injured when a piece from a ride came off and flew at her, hitting her on the back of her foot and knocking her off her feet.

I took her to the emergency room and had her foot x-rayed.

My question is, should they owner/manager of the fair be responsible for the medical bills due to their faulty equipment? How do I get them to pay the bills? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Angel,

Yes. From the facts you present it appears clear the owner/manager is responsible for your daughter’s medical bills, and more.

In addition, the owner/manger may be responsible for any of your out of pocket expenses related to the injury and subsequent costs of medicine, whether prescribed or over the counter. Even the amounts you may have had to pay for parking at the hospital should be borne by the owner/manager.

In addition to the medical bills and out of pocket expenses, the owner/manager may also be responsible for any of your lost wages if it was necessary for you to take time off from work to take your daughter for not only the emergency room attention, but also for any follow up treatment and checkups related to the injury.

Depending upon the severity of the injury, the owner/manger may also be responsible for an additional amount for the pain and suffering your daughter endured.

Contact the owner/manager by letter, sending it certified mail, return receipt requested. Tell him or her exactly what happened and the costs you incurred, and may incur in the near future as a result of the injury.

You should also ask for an additional amount for the pain and suffering your daughter may have endured. A reasonable amount for that would be a multiple of 2 or 3 of the actual medical bills.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 7, 2012

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