Visitor Question

Daughter Tripped Boy from School…

Submitted By: Angelicia (Lodi, NJ)

My 13 year old daughter was being stalked by this boy in her school everyday for months but never told us. Yesterday this boy was stalking her again. He was walking behind her too closely.

He glanced and saw his other friends.

As he started to walk away she put her foot out and tripped this boy. He got hurt really bad. Can they sue me for his injuries?

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 Angelicia,

Anyone can sue anybody, at anytime, for anything…but that doesn’t mean they will prevail.

Although you claim the young boy was hurt “really bad” you don’t expound on the type of injuries he sustained. If he sustained injuries of such a nature as to have incurred a lengthy hospital stay or substantial medical bills, there is always a chance the boy’s parents would want to sue you.

If you are concerned, contact your homeowners insurance company. There is a good chance you might be covered for this type of injury.

If the boy’s injuries are quite serious, the parents of the boy would probably have a much better chance of suing the school. The school has what are referred to colloquially as “deep pockets”. That means the school has a lot more money, and ergo, a lot higher insurance policy than you might.

You don’t mention how wealthy you are. If you too have substantial assets, the boy’s parents might consider your deep pockets as well.

Let’s get to the reality of the entire matter…

To be successful in a lawsuit against your daughter the boy’s parents would have to show your daughter acted maliciously and with intent to cause serious bodily injury. But she is 13! And she wanted to hinder a boy who was stalking her. Even if he wasn’t stalking her, your daughter could not have formed the intent to seriously injure him.

It appears you really don’t have much to be concerned with. This too shall pass.

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 19, 2012

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