QUESTION
If the man takes this to court, am I legally responsible for his medical expenses?
Asked on Dec 22nd, 2012 on Personal Injury - California
More details to this question:
My 17 yr old son punched a 20 yr old man during a basketball game. The man required 16 stitches & minor surgery for a fracture to his orbital bone. If he takes this to court, am I legally responsible for his medical expenses? Can he get pain & suffering as well? If responsible for expenses, is there a limit?
12 ANSWERS
Yes, he can sue you fro damages, but there is a limit under California law for parents.
Answered on Jan 02nd, 2013 at 2:33 PM
Do you have homeowners' insurance? If you do, you should report this to them. They will provide you with a defense as well as retain counsel for you should a lawsuit be filed. You, as the legal guardian, are responsible for his medical expenses, lost income, and pain and suffering. There is no limit for how much he can demand so long as he can prove the amounts.
Answered on Dec 27th, 2012 at 1:41 PM
You may have liability, I would report this to your homeowners insurance and see if they will defend you. There are some defenses to vicarious liability for the acts of a minor.
Answered on Dec 27th, 2012 at 1:41 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You are responsible. He is entitled to pain and suffering. A very general rule of thumb about pain and suffering is two times the expenses. If the medical costs are $5000, that would mean $15,000 total. If you do get sued, submit the claim to your homeowner's and any general liability insurance you have. Of course, that will count as a claim and may affect your rates or coverage. Or contact the man now and offer him $100 to forget the whole thing.
Answered on Dec 27th, 2012 at 1:40 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
I do not believe you would be liable. He could sue your son and get a judgment for medical expenses and pain and suffering. There is no limit.
Answered on Dec 27th, 2012 at 1:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Possibly, and you also could be criminally charged from assault and battery.
Answered on Dec 27th, 2012 at 1:39 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
Your son is responsible for the assault damages. This is a good opportunity for your son to learn the consequences of losing his temper. He may be subject to criminal prosecution which could include the medical expenses of victim. Damages can include pain and suffering.
Answered on Dec 27th, 2012 at 1:39 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Your son is responsible for his own misbehavior, including medical bills, pain and suffering and punitive damages/ parents are not responsible for the torts of their kids.
Answered on Dec 27th, 2012 at 1:38 PM
You should consult with a defense personal injury lawyer for specific legal advice. In most cases, parents are responsible for the negligent acts of their children. However, wilful or intentional acts by minors should be carefully scrutinized to see if they can be defended.
Answered on Dec 27th, 2012 at 1:37 PM
Ronald A. Steinberg
Your son is responsible, unless he had done bizzare things like that before and despite the knowledge, you did nothing to put a muzzle on him. Your kid needs anger management therapy. The criminal judge will probably order him to do so.
Answered on Dec 27th, 2012 at 1:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
My answer is no. I do not believe that parents are liable for the intentional acts of their children.
Answered on Dec 27th, 2012 at 1:35 PM
Michael Eric Wasserman
Parents in California are responsible for the wrongful acts of their children but there is a statute that limits the damages that can be assessed against the parents. The statute is Civil Code Section 1714.1. For medical expenses, the law states the limit is $25,000.00 but is adjusted for inflation. I have seen a reference that indicates that this amount is up to $37,100.00 but I have not verified that amount. Insurance, such as homeowners, can be used but there is a limit of $10,000.00 for intentional torts. If you have homeowners insurance you can report it to them and hopefully they will assist you.
Answered on Dec 27th, 2012 at 1:33 PM