Is my sisters accident my fault?

[Babybirdmum]

—my sister fell over my child’s toy in my garden and broke her nose/hurt her front teeth.
-I called an ambulance, cared for her, hubby sent text afterwards, I said I’m sorry this happened.
-after I was saying how awful, I googled what happens when you bang your teeth. Kept saying it’s awful.
-she doesn’t remember me saying sorry but I guess she was in shock.
-we have a difficult relationship but have been getting on well recently.
-she phoned me to say if it was at a restaurant then she would sue them, implying that I should give her some compensation. (Because my mum said “she just wants an apology” and she said in the background “no I don’t, I want more”)
-I said are you joking and laughed. She look offence.she said speak to my lawyers (she doesn’t have lawyers so I did t know how to take this).—I was really upset. Accused her of asking me for money to fund her extravagant lifestyle.
-my mum was on speaker during the phone too. She said sister just wanted an apology.
-seems like she wanted money and because I got upset she was blaming me, changed it to wanting an apology. She said she didn’t think I was sorry it happened. I feel I’ve been very compassionate. Not sure what else I could’ve done?
-need outside opinions as I have no clue whether it’s me or her that’s in the wrong. I’ve apologised to her but she doesn’t care how hurt I feel about the phone call, especially when I feel like I’ve supported her.

If she needs to pay for dental treatment you could check your home insurance policy to see if it covers accidental injury.

Dental care isn’t covered on the NHS so if she has to have anything done then you should be paying. Sounds like the toy was shoved under a bench, which is an area people would expect to be able to walk round carrying food and drinks etc and it was spirally obscured.

She could sue, especially if she suffers financial lose by having to pay for dental treatment. So, if she does, then you should pay for it. I would if someone tripped over my kid’s crap.

What toy was it and where was it?

Pretty wild these days to assume that an adult has access to NHS dental treatment. And that NHS dental treatment is 100% free.

I wouldn't keep apologising and especially not in writing.

You have not done anything wrong. Forget it and go low contact. It was literally an accident and any fault is hers and hers alone. Toys where there are kids? who would have thought ?

If she had tripped over a toy that had been left lying around in a restaurant then she would have a point. But she tripped over a toy in a place where any reasonable person might expect there to be toys lying around.

I am a bit horrified that you called an ambulance for a broken nose and teeth though. Could someone not have driven her to a and e , or called a cab?

If you have household insurance you might find you are covered for this type of liability.

My word ! I can't believe this?! I would not be inviting my sister round again. It was not your fault, it was hers. You don't even really have to say sorry ( but I would to be nice) it's bad that she hurt herself but you sister wanting compensation.. she is no sister, she isn't even a friend if that's the case ! Tell her to do one

You do have a duty of care to visitors. Give her your home insurance details. They'll probably refuse a claim as she had no out of pocket expenses.
A little different, but if I go to a client's home I have the right to expect not to trip and injure myself.

Have been around something similar but don’t want to say too much to not out someone I care about.
The person who had the accident slipped in a relative’s home and there was a lot of blood, black eyes, a bust nose and several teeth had to be removed. I kid you not.
The relative felt absolutely awful and could not apologise enough.
This is was did not happen: playing relatives off each other, blame for an accident which is all it was, and ridiculous emotional blackmail to make the relative feel guilty.
You have done your best to help. If you go to a home where there are kids you’d be nuts to think there are no obstacles.
Your DS is being absolutely awful.
I am not sure if there is anything that she could do legally but if there is, let her have a go and then grey rock her. She’s clearly not interested in how you feel at all.
I appreciate she’s had a shock but there is no excuse to use it as a big stick to beat you with.

You sound like a very dramatic family all round to be honest. I understand it must’ve been chaotic and worrying, but I also suggest you learn some basic first aid, especially as you are a parent now. I’m glad you and your sister are ok.

But your sister is certainly wrong for blaming you and threatening to sue you. Dysfunctional family certainly sounds accurate (and I come from one, so I recognise and sympathise!)

Nope your right, she should watch where she walks.

I'm disabled, I limp and have coordination and balance issues. I prefer to walk barefoot so I can 'feel' the ground and as such I'm super aware of where I put my feet at all time and despite my disability I rarely fall.

It amazes me how some non disabled people (like my DH) just charge through places with little care of what they are stepping on. Really the onus is purely on yourself to pay attention to your surroundings. If a person trips/falls on solid walking ground only their own lack of attention caused that (unless they where pushed but that falls under assault and is completely different).

Being clumsy and not paying attention to your own spacial awareness is not someone else's fault.

Do you have householders insurance? She can certainly claim on it. Just because we have the NHS doesn't mean if treatment is free she cannot claim. There are many incidental expenses to do with injuries like that, and providing it was something she could not have avoided tripping over, and let's face it, who would risk a serious injury like that, which is likely to affect her for a very long time to come.

If you don't have homeowners insurance, then she could make a claim on you. She might be able to claim on her own insurance.

If you rent, do you have renters insurance?

I’ve never heard the like! Can’t believe you’re advocating family members suing each other (and for what? She wasn’t charged for her trip in the ambulance!) because of a nasty-but-ultimately-minor accident. Are you American or something?!?!

Oh my, I have the same problem. Everyone moans at me because I can walk better if I can feel the ground. I had GBS/CIDP. My feet have no feeling on top, but very painful inside, and walking is like wearing shoes too small. Actually, my feet feel as though I am wearing shoes all the time. I have a walking splint. I fell down one of those little square water drains. Someone had left the lid off. I phoned the council and had to swear I would not sue them before they came out and put a lid on it. When I fell there was just one woman walking her dog. She just stared at me, so I lifted my coat and she saw the splint and came to help me up!

You certainly watch where you are going when disabled. Non disabled (I like that, so many say 'normal) never really understand.

We don't know whether the accident has any financial implications for op's sister. If she hit her face hard enough to break her nose she may well require some treatment to her teeth - which will cost.

She may feel unable to go to work for the next few days - a broken nose often swells and causes black eyes. And probably an almighty headache. She could lose a few days' pay.

The sister's attitude does of course stink. Hopefully she's lashing out because she's in pain/shock. She should have watched where she was going. But in op's shoes I wouldn't want anyone to be out of pocket financially for an accident they had at my house - particularly when they tripped over something left lying about.

Fuck her off.

Yes, you could be held liable. Your sister is correct.

Just give her a verbal apology like she asked.

You also sound jealous saying she wants you to fund her extravagant lifestyle.

She broke her nose because you don’t keep your home tidy. Even if she’s had it re-set in the hospital she may require plastic surgery later on. Take a look at Cameron Diaz’s nose and how different her face looked after her nose broke.

You also don’t say what damage was done to her teeth. If the teeth were damaged at the root it’s possible the entire tooth could die and turn brown/grey. She may need expensive surgery to cap them. You’ve been deliberately vague on the teeth situation.

Just apologise.

FYI, OP.

999 / ambulances are for ACCIDENT OR EMERGENCY.

A broken nose (even with blood) is NOT an EMERGENCY ffs.

How am i supposed to keep my home tidy at all times 24/7?

I’ve replied to the ambulance thing just look back in the comments it’s not what you think

No need for any drama. Most house insurance policies have liability cover and a legal helpline. Give yours a call if you’re at all concerned.

(“Wedged under a bench” does sound like it could be a trip hazard, but IANAL)

If she honestly means to pursue this, she’d likely call her insurance legal helpline and ask how to proceed. But most likely, she’s letting off steam because she’s in pain.

I think many people are giving their views on what they personally feel - not what the law actually says.

Yes, from a legal standpoint OP is liable and there is significant case law on this.

People in the US usually sue for injury because they can’t access universal healthcare so the legal route is the only recourse.

It’s not just an American thing. It is common for people in Germany to have insurance in case someone gets accidentally injured in their home.

If the OP’s sister requires significant dental work or a plastic surgeon to correct her nose then she could sue her sister to have her pay.

She’s not asking for the apology in writing - she’s asking for a verbal apology that she got hurt.

In which case any right-minded sibling in a functional family would wait until that necessity arose, then have a calm conversation with the other sibling in which they say “sorry love, but since I’m going to need corrective surgery and can’t/dont want to pay for it, I’m going to need to claim it from your insurance. No hard feelings, though I’m a bit pissed off that your house is a midden and you didn’t clear up properly. Still, accidents happen and I feel like a fanny for not watching where I was going. Hope your premiums don’t go up too much love - let’s both be frugal on our Christmas presents to each other this year!” kinda thing.

Not threatening to “sue” one another over the phone, as some form of revenge, when there isn’t even anything significant to sue for yet.