Legal Question in Personal Injury in Wisconsin

burn

my son was burned with 2nd & 3rd degree burns on his leg while at another individuals home. The structure that they were occupying was burned as well as the contents, the young lady he was with was under 18 as he is as well, is the homeowner of the property liable? We were told right away to obtain a lawyer so we are.

I just need to know if the homeowner is liable


Asked on 3/30/09, 4:16 pm

4 Answers from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: burn

If the homeowner is in any way responsible for the fire that caused the injuries, the homeowner will have some liability. Usually the homeowner has homeowner's insurance that should provide various coverages and that insurance company is also named as a defendant. Good luck with your case!

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Answered on 3/31/09, 9:45 am
Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: burn

Your question is too vague to give you a proper answer. Ask the question, "was the homeowner negligent?" If so, then they are probably "liable." If they weren't negligent then they likely aren't liable. I'd really need to know the specifics of your son's situation to properly answer your question.

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Answered on 3/30/09, 4:33 pm
Michael End End, Hierseman & Crain, LLC

Re: burn

I agree with the first lawyer who answered your question. The big issue is whether or not the fire was caused by some negligence of the homeowner. If so, the homeowner's liability insurance should apply. If not, the only insurance of the homeowner's that might apply would be for some of the medical bills, e.g., medical payments coverage.

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Answered on 3/30/09, 4:50 pm
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: burn

To give you a proper answer, I would need to know more information as to the cause of the fire. If there is homeowners insurance on the property, then there may be medical expense coverage and also liaiblity coverage that may be available. The medical expense coverage will cover bills that are incurred when someone is injured, while on the property, no matter who is at fault, but that coverage limit may only be $1000-$5000. The liability coverage, which is proabably at least $100,000.00 is availalbe if the homeowner was negligent and the negligence was a cause of your son's injuries and damages, therefore, I would need to know additional information. Please also be aware that there are statute of limitations time periods in Wisconsin which require that a case must be settled or a lawsuit filed within certain time periods, normally three years for an adult in a negligence claim, but maybe until your son's 20th birthday, if he was younger than 18 at the time of the incident. If you can give additional information about the fire, I may be able to give you a more thorough answer.

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Answered on 3/30/09, 5:02 pm


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