QUESTION
Can I sue the mother of the 4 year old who broke my tooth?
Asked on Apr 25th, 2014 on Personal Injury - North Carolina
More details to this question:
A four year old daughter of my sister in law broke my tooth. The child was hiding/playing under the dining room table while we were having a family meal. She did not react to her mother's requests to get out from underneath the table. Suddenly, she jumped out from underneath of the table and hit the glass I held in my hand with her head. The glass hit my tooth which split and the dentist was not able to save it. Can I sue her mother for the cost of an implant and new crown? Thank you in advance!
7 ANSWERS
Ronald A. Steinberg
Not likely. Technically, you could sue the 4 year old, but I don't think a jury would look too kindly at you. To sue the mom, you would have to prove that the kid was always out of control and that the mom did not exercise her parental responsibilities. It sounds like mom needs parenting lessons.
Answered on May 23rd, 2014 at 2:18 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
No. Parents are not liable for the torts of a child.
Answered on Apr 28th, 2014 at 3:56 PM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
You may be able to make a claim against the mother, but she would have to have sufficient assets or insurance for possible collection.
Answered on Apr 28th, 2014 at 11:06 AM
Arbitration Attorney serving Irvine, CA
at
Law Office of Linda K. Frieder
Update Your Profile
You can sue anyone for anything. Whether it is a good case or not is another thing. Events like this is why people have homeowners insurance. If the tooth will cost less than 10k, file in small claims court.
Answered on Apr 28th, 2014 at 10:50 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
No. You would have to prove that she knew or should have known this would happen and could have taken steps to prevent it and failed to do so. This kind of behavior is typical of 4-year olds and these kinds of things just happen.
Answered on Apr 28th, 2014 at 10:50 AM
James Eugene Hasser
The child is too young and the mother would probably not be legally responsible. Parents are only liable for intentional acts of their children up to a certain amount of money.
Answered on Apr 28th, 2014 at 10:50 AM
No. A child under the age of 7 cannot commit torts; therefore, their actions cannot be transferred to the parents.
Answered on Apr 28th, 2014 at 10:50 AM