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I have a niece that is 12 years old. She slipped on the wet floor. She needed more than 15 stitches and couldn’t swim or run for 2 summer weeks. She slipped at her home (not mine.) She wants to know if she can sue her mother’s homeowners insurance.

10 Thoughts on Can a minor sue parents homeowners insurance?
  1. Reply
    November 21, 2011 at 12:29 am

    No. But her stitches will be covered under her health insurance (minus the deductible).

  2. Reply
    November 21, 2011 at 1:22 am

    No. Homeowner’s insurance doesn’t cover slipping on your own wet floor. It covers damage to the home, not to the occupants.

  3. Reply
    November 21, 2011 at 2:00 am

    If you sue the INSURANCE, you’re going to lose. The insurance doesn’t own the house, didn’t wash the floor, and didn’t cause the fall.

    You’d have to sue the owner of the property – or the person who made the floor wet, or both.

    Keep in mind, homeowners liability insurance DOES NOT COVER you, or a resident relative, so even if she DID win that lawsuit, the insurance WILL NOT PAY OUT.

    And, as a minor, her legal guardian must be the one to sue.

    In order to win, she’d have to prove negligence. So, if she was running and slipped, it’s her own fault. You can’t expect someone to never wash their floor. That’s just nasty.

    You need to teach your niece a life lesson – just because something bad happens to you, doesn’t mean someone else is going to throw money at you. You have to be careful YOURSELF, and prudent, in your behaviors and actions.

  4. Reply
    November 21, 2011 at 2:58 am

    The liability portion of the insurance would cover someone who was not a resident of the home only. She had no financial loss for not being able to swim. Her parents surely paid her medical. The deductible would have to be met first, and her own parents would have to sue themselves on her behalf, so it makes no sense. Ouch! 15 stitches! Hope she heals soon.

  5. Reply
    November 21, 2011 at 3:54 am

    No. According to the homeowners policy, if she is a family member and a household resident she is a named insured under the policy. One named insured cannot sue another named insured.

    Your niece will need to file a claim under her health insurance.

  6. Reply
    November 21, 2011 at 4:40 am

    No. That is ridiculous.

  7. Reply
    Caveat Emptor
    November 21, 2011 at 5:40 am

    The answer is no.

  8. Reply
    November 21, 2011 at 6:36 am

    My god are you that petty. You should be taken out in the back yard and be shot.People get injured at home all the time. this sounds like she wasn,t paying attention to her surroundings.

  9. Reply
    November 21, 2011 at 6:56 am

    L O L ! Homeowners insurance is liability insurance for people who come on your property and have an accident. You don’t sue yourself. This accident was in the kid’s own home. First of all, her parents probably have medical insurance and took care of her. Secondly, only an adult can sue on behalf of a minor in small claims court but accident happened in her own home, not the fault of the insurance company. You can only sue a party if they were negligent. Since parents medical insurance paid for her care, what damages would you sue homeowners insurance company for?

  10. Reply
    November 21, 2011 at 7:29 am

    you don’t sue the insurance policy, you file a claim. some home owner’s insurance does cover public liability but that only applies to people not residing in the house and you may also need to prove that it is not due to your own negligence. even if the policy pay, it will only be for medical fees, you can’t profit from such insurance policy so ask her to stop dreaming.

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