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  1. #1
    Join Date
    Dec 2011
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    8

    Question Parents Sued for Injury Allegedly Caused by Their Minor Son, Now an Adult

    My question involves small claims court in the state of: California

    i have been served orders to appear in small claims court in California. the plaintiffs are parents of a young man who is now 19 years old. they are asking for a large sum of money to cover this young man's medical expenses( paid by them i assume ) which they claim are the result of an incident that occured when their boy was 17 years old. that incident involved my son, who at that time was 16 years old. my son is now 18 years old.

    my questions: do the boy's parents have a legal and legitimate right to take me to small claims court?
    if they do ... will they need to prove that all medical expenses are directly attributable to the incident between their son and mine?

    just fyi: officer investigating the incident found my boy to have acted in self defense after being assulted by the other boy.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Parents Sued for Injury Allegedly Caused by Their Minor Son, Now an Adult

    What are they claiming you did (or did not do)? For example, are they claiming negligent supervision? How did the injury allegedly occur? Is there an allegation that a weapon was involved or used?

    If you're being accused of negligence and have homeowner's insurance, you can turn the claim over to your homeowner's insurance and see if you're covered.

  3. #3
    Join Date
    Dec 2011
    Posts
    8

    Default Re: Parents Sued for Injury Allegedly Caused by Their Minor Son, Now an Adult

    this is the full, direct quote from the Order to go to Small Claims: "Medical bills from damage minor son ____ _____ did to my minor son."

    no weapon involved. no charges pressed. their son was determined to be the "primary aggressor" as stated in the police report. my son hit this boy after the boy rushed at him and assulted him( pushed and hit him ) in a public park.

  4. #4
    Join Date
    Dec 2011
    Posts
    8

    Default Re: Parents Sued for Injury Allegedly Caused by Their Minor Son, Now an Adult

    so i got my questions answered in small claims court today.

    1. do the boy's parents have a legal and legitimate right to take me to small claims court? the judge dismissed the case without prejudice based on the fact that both my son and the other young man involved are now over the age of 18. she( judge ) would not give legal advice to the plaintiffs. but she did state that since my son was an adult, he could have a claim filed against him. actually, i still am unclear as to who would have to file that claim against him. the parents who paid the expenses, or their 20 y.o. son?
    2. will they need to prove that all medical expenses are directly attributable to the incident between their son and mine? answer-> no. seems that it was acceptable to attribute all this boy's injuries and medical expenses directly and solely to getting punched by my son based only on circumstantial evidence and the judge's intuition. no medical doctor or expert witness testimony or declaration was presented to enforce the extent or cause(s) of his injuries.

    one more thing--> i was surprised at how indifferent the judge was to the police report investigation findings. the report stated flat out that my son acted in self defende and that the other boy was the "primary aggressor". and the events surrounding this mess had been gathered from 3 eye witnesses. at least 2 of whom were interviewed twice by the police officer. well, now i know how to be better prepared for round 2.

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