QUESTION
Am I liable for the medical fees if my son pushed the neighbor's son?
Asked on Jul 15th, 2013 on Personal Injury - Florida
More details to this question:
My son and the neighbor's son, both 4 years old, were playing in our front yards. I was inside the house with the front door open. The child's grandmother was inside of her home at the time as well. The children were not visible to either of us at this time. I heard crying and came out to the front yard. My son admitted to pushing the other child after the child had hit my son in the eye on accident. They took him to the hospital and his growth plate in his elbow turned out to be broken and he needed surgery. The parents are asking me to pay the doctors fees. Would I be liable for any or all health fees?
9 ANSWERS
Ronald A. Steinberg
Well,first, it seems that your child "defended" himself if the other kid hurt him first. Children that young cannot be held accountable for all of their actions because they are just too immature to understand. You could be responsible IF your child had a history of being physical with other kids. If not, probably no liability. Play it safe, and report the incident to your homeowner's insurance company.
Answered on Aug 15th, 2013 at 5:12 PM
You should immediately inform your homeowners insurance agent and company, if you have one. Let it handle the defense. If not, you should consult a lawyer for a defense.
Answered on Jul 16th, 2013 at 7:46 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If the neighbors have health insurance, it would be logical to have that insurer pay the medical bills. If they do not have health insurance, then it would be logical to have you homeowner's insurer pay for the medical bills. Generally, in order for your insurer to pay, they would have to understand that there were facts that showed that either you, or your son, or both, were negligent in some fashion to have caused the injury (it is unlikely a 4 year old can be negligent under the law). Short of negligence, your homeowner's policy likely has a limited med pay provision/coverage that would pay a few thousand dollars without regard to fault/negligence.
Answered on Jul 15th, 2013 at 7:18 PM
James Eugene Hasser
Your liability would be debatable to none, but you may want to get with your homeowner's insurance company and see if there is a medical payments provision in it that would pay for medical bills only. Good luck.
Answered on Jul 15th, 2013 at 7:17 PM
Yes, your son injured the other child and you are responsible for the injuries caused by your minor son.
Answered on Jul 15th, 2013 at 7:17 PM
Thomas Edward Gates
Turn the matter over to your homeowner's insurance company.
Answered on Jul 15th, 2013 at 7:17 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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The short answer is "Yes." However, if you have homeowner's insurance, I would notify your insurance company right away. Depending upon the facts and the type of coverage you have, the insurance company may cover the expenses incurred.
Answered on Jul 15th, 2013 at 7:17 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't think so. Parents are not generally liable for the torts of their children. And the other kid started the fight. (not important but a consideration I think).
Answered on Jul 15th, 2013 at 7:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your homeowner's insurance undoubtedly has what is called "medical payments" coverage, otherwise known as "medpay" and it will pay up to your coverage limits for the medical bills of anyone injured on your property regardless of fault. The typical medpay limits are $5,000, but you may have more. Contact your homeowners insurance and advise them of this incident, and then let the adjuster take care of it.
Answered on Jul 15th, 2013 at 7:16 PM