QUESTION
Who is at fault for an injury involving children?
Asked on May 21st, 2015 on Personal Injury - Alabama
More details to this question:
A boy and my daughter were horse playing by lifting each other up. My daughter went to lift him up and she accidentally dropped him on a hard surface breaking his tooth. Now, the teachers and the principle say they were both at fault and the mother wants to contact me to discuss something, I am hesitant to allow the school to give her my contact information. Who is the one who is at fault? The boy said that he started the horse-play as well.
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Only God knows who is truly at fault. But in our sublunary world, we go with the facts we know or can learn. The person who held the child and dropped him is more likely at fault than the one who was dropped. Good Luck.
Answered on May 22nd, 2015 at 4:22 PM
Ronald A. Steinberg
Technically your daughter is responsible. You cannot be held liable. The child, through an adult, would have to pay to have a guardian appointed to represent your child in order to file suit, and your homeowners insurance would defend her. Too expensive for a small case.
Answered on May 22nd, 2015 at 9:13 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Nobody. It's just one of those things. Kids horse around. I suppose a claim could be made against the school for their failure to stop it in time, but I would not be optimistic about the probability of success. Just to be on the safe side, contact your homeowner's insurance company (it doesn't matter that it didn't happen in your home, what matters is that your daughter is a member of your household).
Answered on May 22nd, 2015 at 7:47 AM
Edwin K. Niles
No point in hiding. Check your home-owners policy to see if it includes liability coverage.
Answered on May 22nd, 2015 at 12:20 AM
Thomas Edward Gates
The school should have supervised the children and failed to do so. The school should be held liable. Contact an attorney to deal with the school. No personal information should be released.
Answered on May 22nd, 2015 at 12:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would seem very difficult to determine which of the two children is "at fault". I do not see any reason why you should not meet with the other mother as whatever is going to happen is going to happen anyway and communication is normally necessary to solve any disputes. I would most certainly not admit to any fault or liability.
Answered on May 21st, 2015 at 6:43 PM
James Eugene Hasser
Who was supposed to be supervising them? Good luck
Answered on May 21st, 2015 at 6:15 PM