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Child Hurt by Another Child, Parent Not Liable

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  • 05-18-2010, 01:57 PM
    oretharvest
    Child Hurt by Another Child, Parent Not Liable
    My question involves injury or loss that occurred in the state of:
    Indiana

    My 5 year old daughter was picked up and dropped on her face by the neighbors 6 year old daughter, causing her to need stitches after biting completely through her lip and gashing her chin.

    I took a copy of the bill to the neighbors, they laughed.

    I filed small claims against the mother.

    Judge ruled that since the mother was not present when the injury occurred then she is not liable, my claim was denied.

    So if her child comes onto my property and breaks my child's arm, as long as the mother isn't present then no one is liable?

    How is this legal? No one is liable for a child, not even the child until the age of majority? Why do adults not just send children to commit their crimes for them if no one has to take responsibility for it?
  • 05-18-2010, 02:01 PM
    Dogmatique
    Re: Child Hurt by Another Child, Parent Not Liable
    Because there is a vast difference between someone committing a crime and someone having an accident, for one thing....
  • 05-18-2010, 02:07 PM
    oretharvest
    Re: Child Hurt by Another Child, Parent Not Liable
    You accidently injure someone, you are liable. The issue here is the judge saying, a parent is not liable for a child unless the parent is with the child when the action takes place.
  • 05-18-2010, 02:12 PM
    Dogmatique
    Re: Child Hurt by Another Child, Parent Not Liable
    Quote:

    Quoting oretharvest
    View Post
    You accidently injure someone, you are liable. The issue here is the judge saying, a parent is not liable for a child unless the parent is with the child when the action takes place.



    You were the one who brought up criminal acts.

    And by the way - you're incorrect.

    Injuring someone accidentally does NOT automatically make you financially liable.

    It was an accident. You took it to court, you lost. Let it go.

    Did you file a claim with their homeowner's insurance, by some chance?
  • 05-18-2010, 02:21 PM
    oretharvest
    Re: Child Hurt by Another Child, Parent Not Liable
    It was on our property, the neighbor girl was not invited onto our property, she runs wild.
    I believed it common courtesy to be responsible for the actions of oneself and ones children, apparently I was horribly mistaken.
    Thought I would check, just scares me that if something happens to my child that is caused by another child and out of my control, aside from locking her in a bubble, there is nothing I can do about it.
    Homeowners doesn't cover injury to people living in the home.
  • 05-18-2010, 03:01 PM
    Who'sThatGuy
    Re: Child Hurt by Another Child, Parent Not Liable
    Quote:

    Quoting oretharvest
    View Post
    Homeowners doesn't cover injury to people living in the home.


    It doesn't? You need to read your policy again.

    My aunt fell down her front steps, broke her ankle and sued her homeowners policy. After the med bills were paid she walked away with $16,000.
  • 05-18-2010, 03:24 PM
    525601minutes
    Re: Child Hurt by Another Child, Parent Not Liable
    Were you watching your daughter when the neighbor's child hurt her?
  • 05-18-2010, 03:24 PM
    oretharvest
    Re: Child Hurt by Another Child, Parent Not Liable
    "My aunt fell down her front steps, broke her ankle and sued her homeowners policy. After the med bills were paid she walked away with $16,000"

    really? that is ridiculous! lol! Great for her but surely they dropped her after that?
  • 05-18-2010, 03:44 PM
    aardvarc
    Re: Child Hurt by Another Child, Parent Not Liable
    Were the children playing together, or did this girl just run up to your daughter, commit the act, and flee the scene?

    How long had she been on the property before the incident?

    Had you told the child to leave the property?

    What level of supervision was being applied to your daughter when the incident occurred? (ie were you out in the yard with her, in the house, in the shower, etc.?)
  • 05-18-2010, 03:48 PM
    oretharvest
    Re: Child Hurt by Another Child, Parent Not Liable
    I was doing yardwork and went to the back to get a rake, in the time of unlocking the shed the neighbor girl came over and picked her up, she ran back home when she saw all the blood. Apparently a bubble is the only solution. I had come across another case of a child shooting a girl in the eye with a bb gun on accident, she lost vision in that eye permanently and neither the boy nor his parent was found liable. I suppose it is common. It seems to be sticky ground when it comes to liability with children involved for cases that would be open and shut if it was adults.
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