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pconley6 · Dec 10, 2010, 07:17 PM

My 8 yr old attended a birthday party for all but 17 minutes before we were called to pick him up and ended up at the ER. We were not aware that there was a trampoline,or that the party included jumping on a trampoline. Multiple boys were on the trampoline when my son received a blow to his groin. My son claims the 7 yr old that kicked him claimed he was a wrestler and knew karate and proceeded to kick him unprovoked. We found out the birthday boys mother rents the home and has no renters insurance. Can we go after the landlord's home insurance. My son had significant injury and pain, and may possible need corrected surgery to straighten is penis when he is older. He also now has a scar there, and the blemishes may or not fade per the urologist. We are still unable to get the birthday boy's mother to divulge the 7r old that kicked my son last name and contact info. This 7 yr old does not attend our school, so we have been unsuccessful in learning his last name, etc.

ScottGem · Dec 10, 2010, 07:31 PM

The landlord has no liability here. The landlord was not negligent in any way.

You can file suit against the party host and subpoena the name of the 7 yr old. Did you report the incident to the police as an assault? If not, you should do so immediately.

I'm not sure if you would have much of a case against anyone. You would have to prove that the party hosts let the children on the trampoline unsupervised and din not react quickly enough to the 7 yr old's attack. You would also have to prove that attack as unprovoked. To have a case against the boy's parent's you would have to prove they knew he had violent tendencies and did not supervise him properly.

Fr_Chuck · Dec 10, 2010, 09:21 PM

You may sue the parents of the 7 year old, and the person who held the party.

The owner of the property would not be liable for this, unless he owned the equipment and it was rented with the house.

I will add as a parent of a 8 year old, why did you not go in and meet the parents, see the yard and even question about the use of this. Was your child ever instructed not to get on one without your permission ?