would you sue your friend?

[cheapie]

I had a birthday party for my son last week and we had water balloons. The kids were playing with them and some of the adults were chucking them at each other. Maybe 5 were thrown at the adults. Anyhow, I was playing with the kids and my neighbor apparently wound up and threw one at me from about 15-20 feet away. I never saw it coming and it hit me right in the eye. I hit me with my open open and I dropped to my knees in extreme pain. I couldn’t see out of the eye and seriously thought it was gone. Everything was black and my vision slowly came back over a few minutes.

One slightly funny thing was that the kids thought I was playing and all started pegging me until the adults realized I was hurt and called off the kids.

My eye was swollen up and I had a bruise on my nose and upper and lower eyelids. I went to the doc and she said I had an abrasion on my eyeball but didn’t dialate my eye because I wasn’t seeing any flashes of light that indicate retinal damage. However, in the last couple of days I think I have been seeing what she described and am a bit freaked out about the possibility of a slightly detached retina.

If you had to incur a lot of medical bills because of what your friend did, would you try to recoup some of the money from his insurance? I of course wouldn’t go after him personally but wouldn’t his homeowners policy cover that? I’m also slightly ticked off he never apologized or checked to see if I was ok, either at the time or since.

[Cubsfan]

I guess I wouldn't unless it got to be a HUGE sum ( > $10,000 ). If you do, don't even plan to have a party again. I'm pretty sure that if I was at a party where that happened, and the guy who threw the water baloon is sued, I'd never go to another party where the "sue-happy" guy was. It sounds like just a innocent accident to me.

[cheapie]

i agree. however, if his action caused me to have to spend a bunch of money, isn't that what his homeowner's insurance is for?

[MikeD]

It sounds like just a innocent accident to me.

:stupid:, though it's messed up that he didn't check to see how you were doing.

This is a tough one. I'd definitely consult an attorney, unless you have already have one, to see what rights you have moving forward if you choose not to take action now.

Hope you're feeling better big guy...

[johnnymk]

I was painting an epoxy primer on my truck years ago in my driveway (really dumb).

It got on my neighbors minivan. She told me about it and I tried to compound it out, but it didn't help. So she took it to a local detailer who must have used some kind of heavy solvent which made it even worse.

She came to me one day very beligerently saying that she may have to pursue legal action. I didn't know that the guy's cleaning method didn't work until she approached me that day.

I told her that I would contact my homeowner's insurance and not to worry about it. Well, the homeowner's insurance took care of repainting the van and I am still good friends with her.

For that guy to not be concerned is pure ignorance. I would definitely approach him. If he doesn't respond, then go after his homeowner's insurance.

[brainsmile]

reminds me of what happened with that NFL guy.

http://sportsillustrated.cnn.com/football/nfl/news/1999/12/22/brown_suspended_ap/index.html

[cheapie]

mebbe sue isn't exactly what i mean. i guess i'm asking if you'd go after his insurance to cover some of the costs. suing him would be the EXTREME last resort which i'm pretty sure i wouldn't do!

[nickel]

you should've got up went over to him and said, "OH YEH?!?! WELL HOW DO YOU LIKE THIS!?!?" and peed on his head.

just kidding :hihi:


you must've been even more concerned since you had that lasik surgery recently. :gle:
i would give him a call and tell him what happened and tell him his homeowners insurance might be obligated to cover some of the costs even though you know it's a total accident. that is what insurance is for... covering your ass in an accident, right?
but only if you are incurring a lot of bills from this in the first place b/c this still may ruin a friendship as they can raise his homeowner's insurance when a claim is filed against it, correct? some people won't appreciate that premium ding with their insurance company.

[avlena]

i agree. however, if his action caused me to have to spend a bunch of money, isn't that what his homeowner's insurance is for?

well.. for that matter... isn't that what your insurance is for? It's not like the guy won't feel it. He'll probably have to pay a deductible, and his rates may go up.

Honestly, I wouldn't bother going after his insurance unless he offered. Accidents happen, and this was a clear accident. You should bring it up with him, and make sure he understands the extent of the injuries. If he offers to help pay, great. Or maybe you can ask him if he thinks his insurance might cover it, because you're having problems with the bills.

By the way, I'm not sure how home-owners insurance works, but what if it was another friend who threw the balloon - then what? Are you only pondering going after the guy because you know he has insurance which is supposed to cover it?

and yeah.. it does suck that he hasn't even asked if you're okay. Maybe he doesn't understand the seriousness of the injury? or maybe he's embarrassed and doesn't know how to talk with you about it.

[brainsmile]

I'd just walk around with a cane and sunglasses whenever he's around :P

[WhiskeyPapa]

Talk to your insurance agent. It may end up that your insurance company sues his insurance company. That's much less dicey than you personally suing him.

Or - you may get really lucky and you both have the same insurance company. That happened to me once, it was the easiest time I ever had dealing with insurance.

[cheapie]

you should've got up went over to him and said, "OH YEH?!?! WELL HOW DO YOU LIKE THIS!?!?" and peed on his head.

just kidding :hihi:


you must've been even more concerned since you had that lasik surgery recently. :gle:

exactly my concern.



i would give him a call and tell him what happened and tell him his homeowners insurance might be obligated to cover some of the costs even though you know it's a total accident. that is what insurance is for... covering your ass in an accident, right?
but only if you are incurring a lot of bills from this in the first place b/c this still may ruin a friendship as they can raise his homeowner's insurance when a claim is filed against it, correct? some people won't appreciate that premium ding with their insurance company.

agreed. i wouldn't even consider it if it didn't cost me personally thousands of $$. and while i know he wouldn't appreciate increased premiums, i really didn't appreciate him blindsiding me with a balloon hard enough to rip part of my eyeball apart...esp since it's not like we were going back and forth with the balloons. just....WHAM! wtf?

[Prngr44]

If it happened at YOUR house, I don't think his homeowner's insurance would apply.

I think whatever your insurance doesn't cover, if he doesn't offer to help with that your only recourse is going to be to sue him (ie small claims, etc.)

[cheapie]

HOPEFULLY this is just a hypothetical situation since i don't really know if that's the case. and again, there's pretty much no way i'd sue him. but i think i could easily go after his insurance company to cover the bills if i incurred a bunch.

[cheapie]

If it happened at YOUR house, I don't think his homeowner's insurance would apply.

I think whatever your insurance doesn't cover, if he doesn't offer to help with that your only recourse is going to be to sue him (ie small claims, etc.)


i don't think that's correct since homeowner's also covers damages resulting from you neglect elsewhere. like if you put a golf ball through someone's window at the course.

[faither]

Not a lawyer but since it was your house, you were participating in the fun and probably supplied the balloons and H2O, I don't understand what it would accomplish other than straining relationships with at least one neighbor.

You have medical and homeowner's insurance.

Unless you'd previously told folks to stop throwing the balloons or there was some sort of malice, it sounds like an unfortunate accident.

Hope you're feeling better.

[cheapie]

good points. it's all just theoretical (hopefully) and i was curious as to what all of you would think about doing in the event something similar happened to you.

[utcpal]

HOpe your eyes are ok now..

[BigJon]

Even though I'd be mad...it was just harmless fun. I wouldn't sue. Look at it in the way of this...if it were the other way around, how would you feel about him suing you?

How's the eye now?

[cheapie]

lol. i started the thread this morning so about the same. ;)


i understand it being harmless fun. but if my son swung a bat and hit his daughter and she required stitches and plastic surgery i'd feel pretty compelled to help defray the costs.

[MikeD]

If I was in your shoes, and you were my neighbor, I'd sue your ass for every penny you had. :hihi:

[Markel]

I'm not sure exactly how homeowner coverage works, but I know that with automobile coverage that there are times whan a lawsuit is mandatory for the insurance to pay out. This is what happened with two friens of mine that were riding together and got into an accident. There were no major injuries, but the passenger was having neck/spine trouble that required chiropractic care. When the driver inquired about her insurance covering the medical expenses for her friend, she was told that the insurance would cover medical expenses for another party only if there was a lawsuit involved. No lawsuit, no payments.

[WhiskeyPapa]

If it happened at YOUR house, I don't think his homeowner's insurance would apply."Medical Payments To Others" and "Personal Liability" are coverages generally included in a homeowners policy. They not only cover people injured in your home, but injuries you cause to others outside your home.

[Thesifer]

I was in a car wreck driving, and it was my fault. A friend of mine in the passengers seat wasn't injured, but his glasses were broken. Even for that which was a couple hundred dollars, I told him sorry and that it was my fault and that he should file a claim with my insurance company to have them pay for a new pair.
He refused.

[Freelance Superhero]

Not a lawyer but since it was your house, you were participating in the fun and probably supplied the balloons and H2O, I don't understand what it would accomplish other than straining relationships with at least one neighbor.

You have medical and homeowner's insurance.

Unless you'd previously told folks to stop throwing the balloons or there was some sort of malice, it sounds like an unfortunate accident.

Hope you're feeling better.this is almost exactly what i was thinking. maybe find out how much treatment will cost and go from there?

[InfiniteNothing]

I was in a car wreck driving, and it was my fault. A friend of mine in the passengers seat wasn't injured, but his glasses were broken. Even for that which was a couple hundred dollars, I told him sorry and that it was my fault and that he should file a claim with my insurance company to have them pay for a new pair.
He refused.
I think you should have paid for the glasses and or filed the claim yourself since it was your insurance.

[JLemonjello]

OK this is definitely a sticky situation. It was purely an accident and I am a firm believer that accidents happen and life goes on.

HOWEVER, in the event that medical bills add up quickly (I can't put a specific amount on it b/c if you are on the verge of poverty maybe the number is $1000 but if you are well off maybe its more like $10,000 I don't know) I would say when the bills add up to a level that is not easy for you to pay without having to think twice it may be time to consider the other person's homeowners policy. As mentioned above, that is what it is for.

If they DO add up, I would just approach the neighbor and explain to him that you know it was an accident and normally thats no big deal but, because of that accident, you are having to spend thousands of dollars out of pocket and you just can't be doing that especially when there is a system in place that all people who own a home have to cover just such an event.

If he can't understand that well.... then that sucks.

Either way its a bad situation to be put in but the key is to do what is right.

[cheapie]

i got my eyes checked on tuesday again and the retina is fine. the doc said what is likely happening is that the impact shoved my eye gell against the back of the eye and now that it's moving back to normal shape it's pulling cells off the rear wall of the eyeball and that's what i'm seeing. yikes. my eyes were dialated and she said there will be no lasting effects.

i'm having dinner with my neighbor tonight and i'll have to give him some crap.

[cadetevon]

Cheapie, I'm so, so, so glad that you're eyes will be ok.

Let us know what you say to the friend and what the response is. :) Should be good for a giggle.

[marleymarl]

LMAO sorry but that was a pretty funny image, hope your ok though.