My friends daughter was playing a supervised game in school..they were jumping around using hands and legs and she unintentionally knocked another 6 year old student into the wall and it broke a portion of his tooth. The school acknoweledged that it was an accident. They told the injured student's parents and they called my friend demanding payment for the tooth. I feel that this was an activity that obviously put children in danger..accidents happen however if there is any liability I feel that it would be on the school's part. The other parents said they would see her in court...What course of action should she take to protect herself and do these parents have any right to sue her?? Thanks!
2006-09-19 14:56:15 · 8 answers · asked by nicknamegone 1 in Politics & Government ➔ Law & Ethics
You're right...this is an extremely weak legal argument.
First of all, I would find it hard to believe that a 6 year old understands "intent". Since it was likely an accident, the parents of the injured child should just let it go. Seriously.
If they still feel that the children were put in needless danger because of the activity, then their issue is with the school and not the child (or child's parents).
If I was the parent of the child that "caused" the injury, I would call the other parents bluff and indeed, see them in court. Any right minded judge would toss this out so fast...our courts have enough crap in them right now...
2006-09-19 15:06:31 · answer #1 · answered by The ~Muffin~ Man 6 · 1⤊ 0⤋
Schools have insurance that covers all students while they are in school and that should cover this childs accident. If the other parents sue her for money for the hospital and dental bills they will also have to sue the school.These people should not pay anything to the other parents unless a court orders them too. The school should take care of this.
2006-09-20 08:45:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Oh for Pete's sake! People are disgustingly sue happy anymore. Kids do things and kids get hurt doing them. It was unfortunate but not malicious and there was (from what you're saying) no neglect of duty on the part of the school. Payment for a tooth...what did it cost them, $100.00? For a tooth that would have most likely FALLEN OUT in another couple of months anyway! I'll grant you, if my child was the cause of injury I would most likely offered to pay part of the cost just as a good neighbor gesture. If my child was the injured party it would never occur to me to ask for payment. They should be ashamed of themselves. I hope they spend a boat load of money to go to court so the judge can tell them to get their heads out of their...well you know.
2006-09-19 22:19:55 · answer #3 · answered by justme 3 · 1⤊ 0⤋
The school's insurance should cover this. The kids were behaving as they were supposed to, using the school facilities as they were designed to be used, and an accident happened. That's what insurance is for. Tell your friend to tell the other kid's parents to take it up with the school administration. Your friend has no responsibility.
If the situation were different, and the kids were playing at your house, and one broke an arm, it would be your homeowner's insurance that would cover the bills. This is no different.
2006-09-19 22:29:17 · answer #4 · answered by dcgirl 7 · 1⤊ 0⤋
You americans do like a court room. I would pay for the childs dental work and just despise 'em forever. Kids have accidents I don't expect anyone else to pay for my kids repairs. Parents like these will wonder one day why no one is allowed to play with their kid (I'd say that to them)
2006-09-19 22:20:05 · answer #5 · answered by obenypopstar 4 · 1⤊ 0⤋
i think it s the schools responsibility because the child was under their supervision at the time. have the mother contact the school. they should cover it.
2006-09-19 22:05:39 · answer #6 · answered by psychpath64 3 · 1⤊ 0⤋
No, they they're NOT in the right to sue her (though thy can, I think);
it was JUST AN ACCIDENT!
2006-09-20 00:07:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yeah they have the right to sue her. I think it would have been easier if she had agreed to pay them......maybe she ought to seek advice of a lawyer.
2006-09-19 22:04:29 · answer #8 · answered by ♥♥♥GODDESS♥♥♥ 5 · 0⤊ 3⤋