QUESTION
Who is responsible for paying for my son's injury?
Asked on Nov 05th, 2013 on Personal Injury - New York
More details to this question:
My 5 years old son was intentionally pushed off of a schoolyard slide (after dismissal) by another 5 year old child. My son and a classmate were going down a slide. Another child (who wasn't playing with them) yelled NO and then charged the slide while my child was coming down it and pushed him over the side. He ended up with a broken arm, a visit to the ER, Ketamine and a full cast. As my deductible has to be satisfied before insurance kicks in, I know the bills will be at least 2750. The mother of the child apologized over and over again for her son's behavior and the resulting injury. I am in NY state and I'm wondering if the child or his parents have any responsibility for the bills?
2 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Maybe, but it's a bit of a stretch: this was just horsing around and the other child didn't mean to injure yours, it's just that when you are five years old, you don't have the judgment to evaluate the probable outcomes of your actions. That being the case, this was the unintended result of an intentional act, which is negligence, which is covered by hormeowner's insurance, even off of the homeowner's property. Ask the other mother about homeowner's insurance and put in a claim, you have nothing to lose.
Answered on Nov 11th, 2013 at 4:37 PM
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Rothstein Law PLLC
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Was there any supervision in the schoolyard? If this is a private school it may have medical payment coverage as part of it's insurance that would pay regardless of whether the school was negligent or not. A public school may have med pay depending on where it's located. If it's a public school you should serve a Notice of Claim within 90 of the incident to preserve your right to sue. I don't think you can legally hold the parents responsible. Speak with a personal injury lawyer asap.
Answered on Nov 11th, 2013 at 4:36 PM