Can I sue farm owners if my son got kicked in the face by one of their cows?
Question Details: My 5 year old son went on a school field trip to a farm. While watching some cows from the fence a cow kicked my son in the face causing him nose injuries and he is now terrified of cows. The teachers say my son was just watching like all the other kids. He did provoke the cow. Is there a case here?
The cow's owner(farmer) is liable for your son's injury because it occurred on the premises. When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports. Your son's claim filed with the insurance carrier for the farm should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the farmer's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the farmer's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the farmer.
If the case is NOT settled with the farmer's insurance carrier, the lawsuit on behalf of your son must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.