Can I sue over an injury at a birthday party at a public park?

Question

2 years ago, I attended a birthday party for my nephew and his half sister. We ,being me my then5 year old daughter Bryana and my two middle kids who were 4 and 2, by my sister who is my nephews mom. Well his dad and stepmother threw the party since my sister was pretty poor then, but my sister wanted us to be there as all of his parties. Well during the party they had a pinata and for some dumb reason , his step mom decided to use a metal baseball bat to hit the pinata with at a 4 and 5 year olds bd party. Well during the pinata breaking I held the hands of my two toddlers, while Tracy the step mom held back my oldest and her stepdaughter my niece because they were holding hands. Well when the little ones could not break it they let a Tracy's oldest daughter friend take a swing(13years old) and she swung so hard that she hit my 5 year Bry in the temple cracking her skull. She swung so hard that it knocked my nieces glasses off of her face.Well now my daughter has to suffer from a severe brain injury with grand mal seizures which are potentially deadly along with learning problems and depression. Each seizure over 5 minutes requires diastat which is Valium and an ambulance along with permanent brain injury. I was told ny a lawyer that they are responsible for the injury and are liable but they just lie and say we were not invited. Can I actually sue through them by their home owner's insurance? We really need help with ems bills and she just suffers please help.

Answer 1

pretty sure the statute of limitations would prevent a suit now.....why did you wait two years?

Answer 2

if your lawyer thinks this case will turn on the question of whether you were invited, get a new lawyer.  There is virtually no legal significance to the invitation.  It will turn on the relative degrees of negligece of all who were present.

Answer 3

Can you sue them? Well, you can sue the person who caused the injury - the 13 year old. You "might" be able to sue her parents for "negligent supervision" as well.

since this didn't happen at their home, their homeowners insurance is definitely not liable, though, so even if you win a lawsuit, can they pay ?

Richard

Answer 4

Get a good lawyer they are liable..

Answer 5

Well thats sad but if you had a brain you wouldn't have let your 5 year old stand next to someone that can't see with a baseball bat. Thats a dumb reason to sue, if I was a judge I'd tell you to get health insurance.  

Answer 6

You can only sue their homeowner insurance if you were at their home. You will need to show negligence on their part as to the accident for them to be responsible. I think this would be very hard to do. Sorry for all your troubles :(