Visitor Question

Can we get sued for minor injuries to a child?

Submitted By: Katie (Orange, CA)

Last month, we took my sister-in-law’s husband’s kid out to a party because he was busy and couldn’t do it. We did him a favor by taking his kid out with our 4 year old son. Both boys are 4 years old.

The two boys started getting in a fight and his son got a head injury. It was bleeding down to his shirt and pants but the bleeding stopped. No medical treatment was required. Now he’s threatening to sue us. Can he sue us under this condition? Please let me know. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Katie,

Sure he can sue you. Anyone can sue anyone else, for anything, at anytime!

That doesn’t mean he is going to win. How many times in your life have you heard someone say, “I’m going to sue you,” or, “I’m going to sue your for everything you’ve got”?

He is obviously angry. The best thing to do is ignore him. If he wants to go through the trouble of trying to find a lawyer to represent him he is in for a shock. He doesn’t appear to have a case and there probably isn’t a lawyer in the 50 United States who would accept the case.

To have a meritorious lawsuit one has to have damages. Damages are almost always defined as medical bills. Unless his son incurred medical bills, there really isn’t anything to sue for.

If he decides to file a lawsuit by himself he will run into the same problem. Without “damages” a judge will not only throw out his case, but may also fine him for filing a frivolous lawsuit.

You really don’t haven’t anything to worry about. Let him blow off some steam, but not at you. Ignore him. He will go away as soon as he realizes he doesn’t have much more to sue for than the cost of a band aid……and it was probably your band aid!

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 31, 2011

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