Child injured eye at camp...

by Nancy
(MI)

My child is 10 years old and while at a camp he got injured on his eyes. I think there was neglect from the camp supervisor for sure. I took him to the ER where we spent half of the night. They confirmed a scratch in his cornea and said he can't be exposed to sun for a couple of days. He went to a specialist after 2 days and he said the cornea is ok now.

We have a high deductible so the medical bill out of pocket was $800. I also had to stay with him a couple of days from my work when he could not go back to camp. It never came to my mind to ask, should the camp owner pay for this medical bill and my work sick vacation I took for my son?

We live in Michigan, a no fault state...not sure if that matters. What can I do about this? Is the camp responsible for the medical bills and my lost wages? Thank you for any information.

Visitor Question:
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ANSWER for "Child injured eye at camp...":

Nancy (MI):

You state "I think there was neglect from the camp supervisor for sure." Well, the camp may be liable for your child’s injuries and related medical bills, including your deductible, but to establish liability will require you to show the camp owner or his (or her) employees were negligent. The facts you present do not include evidence of negligence.

The camp owner had a legal duty of care to do everything within reason to protect your child and other campers. However, sometimes campers become injured. Some injuries are unavoidable no matter how closely campers are monitored and supervised.

For example, if your child was under the supervision of an adult camp supervisor and sustained a bee sting to his eye while sitting around a campfire, or while going through the woods a branch caught his eye, the camp owner would likely not be liable.

However, let’s say you made it clear your son had a severe allergic reaction to bee stings and that he should not be permitted outside the enclosed camp quarters, and knowing that, the camp owner failed to instruct his employees to keep your child indoors. Thereafter, while sitting around a campfire your son was stung by a bee and had a severe allergic reaction causing him to be hospitalized.

In this case, the camp owner would likely be liable for your son’s injuries and related damages. Damages can include your son’s medical bills, your out-of-pocket expenses (for his medications, bandages, costs of traveling to treatment, etc.), your lost wages while having to care for him, and for your son’s pain and suffering.

Most camp owners carry liability insurance. Fortunately, your son’s injury was not more serious. While the facts you present do not establish negligence, you can certainly ask the camp owner to rely on his liability insurance to pay for your son’s medical bills, and your expenses and lost wages.

However, it is unlikely the camp owner will agree to pay any compensation for your son’s pain and suffering.

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

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION