QUESTION

What are my medical bill responsibilities after my son was an accessory to a fight?

Asked on Dec 31st, 2010 on Personal Injury - Florida
More details to this question:
My 16 year old son was an accessory to an assault that took place between 2 teenage boys. My son did not touch either boy but was at the fight. Police were contacted and all three boys were interviewed. Charges were not filed but the police said if they were my son would be an accessory to the assault. The one boy had injuries and will incur medical bills. Is there a possiblity my husband and I could be responsible for the medical bills?
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8 ANSWERS

William C. Gosnell
Your exposure is limited to $10,000.00 for the fight.
Answered on Jan 03rd, 2011 at 12:43 PM

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Personal Injury Attorney serving Atlanta, GA
Partner at Van Sant Law, LLC
3 Awards
Any medical bills would likely be your son's responsibility.
Answered on Jan 03rd, 2011 at 11:43 AM

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Wrongful Death Attorney serving Salem, OR at Swanson Lathen Prestwich, PC
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Under Oregon law, the parent of a child can be held responsible for a child's actions, either intentionally or negligently committed, up to $7,500.00. Most homeowners' insurance policies will cover these types of losses with some convincing by an attorney representing the parents.
Answered on Jan 03rd, 2011 at 10:13 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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A parent is NOT responsible for the torts of a child
Answered on Jan 03rd, 2011 at 5:58 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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In California a parent can be held liable for their minor childs conduct up to $25,000 in damages. If your son was not an active participant in the assault, I am not sure how he would be held responsible unless there was some conspiracy among the 3 boys to pick on or beat up the victim. Heres the statute that governs this: Civil Code 1714.1. Liability of parents and guardians for willful misconduct of minor (a) Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. Subject to the provisions of subdivision (c), the joint and several liability of the parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law. (b) Any act of willful misconduct of a minor that results in the defacement of property of another with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney's fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor. (c) The amounts listed in subdivisions (a) and (b) shall be adjusted every two years by the Judicial Council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index. The Judicial Council shall round this adjusted amount up or down to the nearest hundred dollars. On or before July 1 of each odd-numbered year, the Judicial Council shall compute and publish the amounts listed in subdivisions (a) and (b), as adjusted according to this subdivision. (d) The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed. (e) Nothing in this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000).
Answered on Jan 03rd, 2011 at 4:13 AM

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Personal Injury Attorney serving Omaha, NE
If your son did nothing to harm the other boy, then no. Police typically threaten accessory for behavior that takes place after the assault, i.e. not being a cooperative witness, helping the person who did the beating get away, etc. If authorities were alleging your son had anything to do with the actual assault itself, they would just charge him with assault. Even if your son did not actually touch the boy who was harmed, if police or prosecutors thought he was somehow involved in planning or initiating the beating, they would charge him with assault under the theory of aiding and abetting (helping to commit or plan the crime), not accessory. As always, I would advise speaking to a lawyer before giving any statements to authorities. Often times when the word "accessory" is used in a police investigation, there is a fishing expedition going on.
Answered on Jan 02nd, 2011 at 7:13 PM

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You are faced with a difficult situation. Hopefully, you will not have to find out if there is a liability question. I think it is unlikely that you would have any responsibility given the situation you have described. However, your son may have some liability. You should review your insurance policies and if some coverage is possible, you should notify your carrier. Other than that, I would wait and see what happens. If a claim is made, you can consult with a lawyer at that time. Good Luck
Answered on Jan 02nd, 2011 at 5:58 PM

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Workers Compensation Attorney serving West Palm Beach, FL
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You might, but unlikely an attorney would bother suing you. An attorney would be looking for an insurance company to sue like property or liability insurance at the location of the fight
Answered on Jan 02nd, 2011 at 5:58 PM

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