QUESTION
If my son, age 11, accidentally hit another child in the eye with a rock, causing eye damage, can we be sued?
Asked on Nov 29th, 2013 on Personal Injury - Idaho
More details to this question:
My son age 11 was playing with other children similar ages at an RV park at the other families campsite. The kids were throwing a football. My son threw a rock accidentally hitting another child in her eye. 18 months later, the mother said her daughter had eye surgery and wants to sue me. When my son was playing with her children, I assumed she was watching the kids. Is this not negligence on her part?
10 ANSWERS
Edwin K. Niles
Yes. Check your home-owner's policy to see if you are covered.
Answered on Dec 02nd, 2013 at 11:49 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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She can't sue you independently, but she can technically sue your son, naming you as his guardian. But the real issue is whether you have insurance. If you have homeowners' or renters' insurance, contact them immediately and see if they will cover.
Answered on Dec 02nd, 2013 at 11:48 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Yes, there would appear to be some neglect on the part of the mother who was in charge of the children. Certainly questionable whether the parent on behalf of her child has any grounds to bring suit against you for the actions of your 11 year old son in her custody and control.
Answered on Dec 02nd, 2013 at 11:47 PM
James Eugene Hasser
You can be sued, but can they win? Liability for your child's actions is limited. Under the circumstances, it sounds like you would not have any liability. However, if you have homeowner's insurance, you might want to run it by them. They may cover it.
Answered on Dec 02nd, 2013 at 11:47 PM
Ronald A. Steinberg
You son is responsible. If you have homeowners insurance, it should cover it. No, it is not the responsibility of the other mom to be a baby sitter for your child/ he is old enough to know the character of his actions. Now, if he intended to throw a rock at the other child, you may have another problem.
Answered on Dec 02nd, 2013 at 11:46 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, you can and should be sued for your 11-year-old son throwing a rock at a girl and injuring her eye. From the statements you wrote, neither you or the girl's mother were watching the children, so both of you are wrong for not providing adult supervision of the children playing, which may have prevented your daughter's eye injury.
Answered on Dec 02nd, 2013 at 11:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need all of the details of the incident and what went on after. Anyone can sue, the question is can they win.
Answered on Dec 02nd, 2013 at 11:44 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You should immediately contact your homeowner's insurance company and discuss this with them and let them handle it.
Answered on Dec 02nd, 2013 at 11:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In NC parents are not liable for the torts of their children.
Answered on Dec 02nd, 2013 at 11:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, because (1) she did not have a duty to supervise your child, (2) you had a duty to supervise your child, and (3) your child was at best negligent and at worst intended to harm the other child. Yes, you can be sued.
Answered on Dec 02nd, 2013 at 11:43 PM