Getting compensation for ski accident?

by Jim
(Melborne, FL)

My daughter was injured while attending ski school in Vail, Colorado. Another 10 year old child passed my 9 year old daughter on the slope and cut her off. My daughter fell and broke her leg. The children in the ski school had been instructed to follow my child down the slope as she had been in ski school before. The other child did not do as instructed and passed her and cut her off.

Can I make a claim on other child's parents' homeowners insurance for her medical expenses, inconvenience and pain? The other parents are aware their child caused the accident. We were in vacation in Vail, but we live in Florida. The other family lives in New Jersey.

What's our best course of action here? How can we get the other parents to pay the medical bills related to this incident? Thank you.

Visitor Question:
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ANSWER for "Getting compensation for ski accident?":

Jim (Melborne, FL):

While you say the parents are "aware" their child caused the accident, you stop short of saying the parents have accepted liability for their child’s actions.

Start by politely explaining to the 10 year old’s parents that you believe their child, while probably not intending to cause injuries to your daughter, nevertheless acted in a manner which was inappropriate, and as a direct and proximate result, your daughter was seriously injured.

In many cases, homeowners insurance will cover injuries negligently inflicted upon third parties by an insured household member, even if the injury occurs away from home. Suggest to the parents they ask their homeowner's insurance company to see if they will cover your daughter's injuries and resulting damages.

In the event the parents fail to cooperate, you can consider filing a lawsuit against them on behalf of their daughter. If you choose that path, you must file your lawsuit in the State of Colorado or New Jersey.

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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