Visitor Question

My son accidentally injured another child on the playground…

Submitted By: Jennet (Miami)

My son was playing a game of baseball and there were other children on the field. A child who was not involved in the baseball game was being chased by another child and ran in front of my son as he swung the bat. The child, as well as my son got hurt, the child worst than my son.

The child was taken to a public medical facility and received 6 stitches above his eye lid. As a parent I felt sorry and was quite remorseful, as well as my son. I offered to pay for the child’s x-tray to be done privately if needed and any medication if necessary, or at least go half on certain medical bills if need be.

However the parent of the child is asking for “compensation” for their child’s injury. How much is too much? Am I being unreasonable? And where should I put my foot down on the situation? Thanks for any info.

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 Jennet,

Your actions after the child was hurt were magnanimous. It is regrettable your kindness has degenerated into an effort by another person to profit from your son’s unintentional action.

Inasmuch as the child’s mother has decided to be confrontational by demanding money, you unfortunately must go into a defensive mode. That should include discontinuing almost all communications with her. If she is intent on pursuing her claim you should refer her to your homeowners insurance company. It is altogether possible your son’s unintentional actions will be covered by your homeowners insurance.

Before you refer the woman to your insurance company contact the company first. Tell them what is going on and they will assign your case to a Claims Adjuster. She will speak with you to take your recorded statement. Cooperate fully with her. She is on your side. Once she speaks with you she will probably speak with the mother of the child and possibly any witnesses who may have viewed the incident.

If your insurance company decides to pay the claim that will be the end of it. If not, and you are sued, your insurance company will defend you and your son.

All in all it doesn’t appear you have anything to worry about.

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: January 20, 2012

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