First off I do feel a high lever of responsibility for my children. Yes he did make the choice to ride the dirt bike, but he was also given access to a device that is very dangerous in the hands of someone not trained to ride. I was not looking to sue anyone but hoping maybe they would share the medical cost with me. I have not spoken with the parents yet and it's all because I feel uncomfortable about asking them. Thanks for all your opinions!!!!
2006-07-04 04:18:10 · 5 answers · asked by electric blue 1 in Politics & Government ➔ Law & Ethics
I read the last question as well...
First, most activities involving risks of injury involve a concept of law known as "an assumption of the risks."
If your son understood there were risks of injury then you only have one course of legal action...negligence. Since your son is 16 I will assume that he understood there was a danger of injury in riding a dirt bike and he assumed the risk of those injuries.
Now for negligence, you have to be able to show that the parents or their child were negligent in some way. Not taking the proper precautions with the lending of the bike to your son, or to show that the bike was defective in some way, or some other action that made the activity more dangerous then it would have been for the ordinary person is what you would have to show. This would probably be very difficult.
The long and short of it is this. You would have a tough case with a claim against the family because your son assumed the risks of his activity. You could ask that the family help you in medical costs, but they have no real obligation to pay you anything.
If you still feel they were negligent talk to a personal injury lawyer they always will give you a free consultation, but don't be shocked if they tell you that you have no claim.
2006-07-04 05:39:03 · answer #1 · answered by strangedaze23 3 · 0⤊ 0⤋
Are you stupid or do you just look that way? What gave you the notion that you should talk to 6 billion strangers for an "opinion" before talking to the other boys parents? No wonder your son is a complete idiot! Have you even taken him to a doctor yet? or were you waiting on one of us to remind you to?
2006-07-04 11:39:38 · answer #2 · answered by wild_orchid_1988 3 · 0⤊ 0⤋
As I said in my response to the other question, would you want to be held responsible for something one of your son's friends do at your house when you are not home? Do you keep your car keys locked away so there is no possible way your son or one of his friends can get to them? You don't leave matches lying around, do you? What about the knives you use to eat dinner with? One of his friends could hurt themselves if they can get to them!
2006-07-04 12:36:22 · answer #3 · answered by innocence faded 6 · 0⤊ 0⤋
By all means, have a conversation, open a dialogue, and try to keep the friendship under these trying times. Good luck.
2006-07-04 11:22:47 · answer #4 · answered by Cullen M 2 · 0⤊ 0⤋
sue the bike..........
2006-07-04 11:47:04 · answer #5 · answered by MC 7 · 0⤊ 0⤋