Four year old and bike in Iowa

[pendy575]

My 4 year old son has been accused of riding his bike into the side of a car and leaving a very large scratch. The catch....the car belongs to the college aged girl we hired to watch our children. Her father is threatening to sue for damages in excess of $1,000. After reading the statute in Iowa it doesn't seem we will be held liable in the event he sues. Looking for some feedback though.

Thank you

[chuckycheese]

First and foremost, don't you feel responsible for the damage? Do you think it was the girl's fault? If you choose to have children, you should be willing to accept responsibility for those children. Certainly, there was probably no malice on your son's part but that won't make her car look any better. Do the right thing! It may teach your son a very valuable lesson.

[Clair Bonner]

My 4 year old son has been accused of riding his bike into the side of a car and leaving a very large scratch. The catch....the car belongs to the college aged girl we hired to watch our children. Her father is threatening to sue for damages in excess of $1,000. After reading the statute in Iowa it doesn't seem we will be held liable in the event he sues. Looking for some feedback though.

Thank you

Please read this thread: http://www.expertlaw.com/forums/showthread.php?t=12971

After reading the statute in that thread, I don't see how you have come to the conclusion that "it doesn't seem we will be held liable in the event he sues." Please shed some light on your conclusion.

I can see, however, that your 4 year old cannot legally be held personally liable, because a 4 year old cannot know, understand, or appreciate "negligence." But, that doesn't keep you, as his parent, from liability.

Please get back to us about your thoughts and conclusions.

[blewis]

Please read this thread: http://www.expertlaw.com/forums/showthread.php?t=12971

After reading the statute in that thread, I don't see how you have come to the conclusion that "it doesn't seem we will be held liable in the event he sues." Please shed some light on your conclusion.

I can see, however, that your 4 year old cannot legally be held personally liable, because a 4 year old cannot know, understand, or appreciate "negligence." But, that doesn't keep you, as his parent, from liability.

Please get back to us about your thoughts and conclusions.

Clair, the Iowa law, cited in the thread you refer to, specifically states, "Unlawful Act". Are you saying that you think a four-year old riding his bike into a car constitutes an unlawful act? I think Pendy575 is right, the parents are not "legally" responsible.

However, I also agree with Chuckcheese -- Pendy, don't you feel personally liable? Teach your son about "personal integrity". Teach him about accepting responsibility for his actions. If you really can't afford it, call the father and see if something can be worked out.

[pendy575]

The statute states that the act must be unlawful or malicious. The "accident" was niether unlawful nor malicious. There is a reason for this. In addition as the hired care provider she was the "guardian" of my son at the time of the accident. As for teaching my son a valuable lesson....he is four (much different than a 16 yr old driving a car)....what lesson is there to be taught here? I don't feel responsible for the accident because I had hired an adult to watch over him.

[pendy575]

Personal liability? Why would the law be written the way it is then? What liability should the caregiver have? She is a college student that held herself out as having watched 5 children at once. Once again...what "lesson" should I be teaching my son here? Throw money away when other people don't do their job correctly?

[chuckycheese]

The lesson that your son would learn is that taking responsibility for one's actions is the correct way to live. Shirking responsiblity is unfair and unacceptable. Your son may be only 4 years old but he's certainly old enough to learn that even mistakes and accidents have consequences which must be faced.

Trying to "weasle" out of it sends the message that it makes no difference what you do...as long as you can figure out a way to make someone else pay for it. If you can't understand that, I would have to think your mother had the same attitude that you do.

[pendy575]

Chuchy cheese...

Insult me if you like but please explain a few things along the way. Why is the statute written the way it is? How am I weaseling out of paying her when I don't "owe" her anything? What is her responsibility in all of this?

As for my mother...well she has been running a day care for 30 years and told me that she would pay if one of her daycare kids damaged something while in her care.....something about being responsible for the job you do.

Interesting take on personal responsibility.

[lwpat]

I suggest that you offer to pay 50% of the actual cost of repairing the car. She should be 50% responsible since the child was in her care at the time.

[Happy Trails]

You could also wait for them to sue you in small claims court and let the judge decide.

IMO, she should have been watching the child more closely.