Today is the second day. The boy's head still has a bump. After the incident, the neighbor filed a police report and used the tape of the surveillance camera. There has been very bad feelings between the two families for a year over the issues of the neighbor's remodeling plan. It is very obvisou that the neighbor is using this incident to get revenge. The police said to the neighbor that the reason my son through the rock is because of his father's hatred and that my son is a victim. what kind of legal grounds does the neighbor has against my son in this case? What should I do to protect my son? What can the neighbor do to my son's father? Is there case for criminal or civil law suit? I am separated from my husband and am not involved in the feuding. Can anyone please help answer these questions?
2006-09-21 19:40:56 · 14 answers · asked by doitnow 1 in Politics & Government ➔ Law Enforcement & Police
They can go after your son criminally in juvenile court and they can hold the parents accountable in civil court because he is a minor. Yes they have a good case in which the surveillance camera will be used as additional evidence, to go with their testimonial evidence, and physical evidence. You need an professional legal advice from an attorney. You may also need to consult with an attorney because of sons action you could be held accountable as well.
2006-09-21 21:26:33 · answer #1 · answered by bsure32 4 · 0⤊ 0⤋
The can sue, but the courts do not generally look favorably on suits that concern incidents of this nature between children. The suit would be against you. If the incident took place on your property, your home owners insurance may or may not accept the claim. If it happened on your neighbor's property, then you insurance will not cover you if you are sued and the neighbor wins damages.
The next question to ask is what were the damages? If all that happened was a lump on the child's head, there was no concussion, long-term injury, or excessive medical cost, the neighbor may find it difficult to collect damages.
As the police found no reason to pursue the matter, the neighbor may have a difficult time proving his/her case. It is not a criminal matter, the district attorney has better things to pursue than disputes between children and, without a police report to back up the claim, will not want to consider the case.
Should the neighbor sue, most likely, it will be in small claims court. There, the judge may not be an attorney, or may be. But, most small claims court judges rule in a case like this as much on common sense as any legal reasoning. If you are able to present your side to the judge, its doubtful you will lose. Should it go to a higher court, then you will need to hire an attorney.
As for your son's father, he didn't throw the rock. He's guilty of nothing other than, like you, a possible allegation that your child is not under good parental supervision. As a parent, though, I know this kind of thing happens all the time. You do need to let your child know that severe injury could result from throwing objects at other people and to refrain from doing so, but I doubt you have much else to worry about.
2006-09-22 03:02:01 · answer #2 · answered by jerry f 2 · 0⤊ 1⤋
When filing a suit due to the behavior of a child, the suit is filed against the legal guardian which is you and your husband. You are responsible for payment of damages. There is no reason for them to file a suit because the costs they incurred should be less than the cost to file a suit.
In order to protect yourself, you should save your surveillance tape of the child up until the bruise disappears. You can point out to the court that there has been no medical treatment such as bandaging. If the neighbor did incur costs such as a scan, you could offer to pay for the scan in order to avoid a lawsuit. In this case, your neighbor would sign a statement saying that no futher medical treatment is necessary and you will not incur further financial obligation. It is probably in your favor that the police have a statement and a camera tape because that shows that it was the standard rock throwing behavior of a young boy. It probably shows that there was minimal or no bleeding and the statement probably doesn't mention medical treatment. You should record the time of the incident and have a copy of the police report. This will show that the neighbor did not rush to the emergency room with the child, but went to the police. I personally would not consult a lawyer as you only need a lawyer if you get served with a lawsuit. The lawsuit would probably be civil. The police did not seem inclined to file criminal charges. As someone mentioned, there is probably no reason to sue. What the neighbor would do is give you the medical bills which you would file with your homeowners if you so chose. You would simply pay the bills. Most likely he can only sue if you refuse to pay the bills.
In the future, the two boys should not be near each other. We had a family like that in our neighborhood and I did not allow my children to play with their children because unstable parents have a potential for causing harm.
2006-09-22 03:01:46 · answer #3 · answered by Anonymous · 1⤊ 1⤋
An accident u say, most unusual type of accident however most people who have responded are correct, they will not sue the minor child but the parents are a different story. They will have to imply that the child was not properly supervised and this was a result of that neglect of the parents. With what you have said here sounds like they might have a good case against you. It is never good when children become involved in the politics being played out by the parents.
Looks like the asker isn't into hearing the truth, thumbs down to all that didn't support their position.
2006-09-22 02:52:17 · answer #4 · answered by patti duke 7 · 1⤊ 1⤋
From the sounds of things you do not even live there. Your son was visiting his father. If anyone gets sued it will be him. Now as for a suite like this. Think how many times have you been pissed off at someone and threatened to sue? You didn't do it because you didn't have the time or the money to do it.
It's probably all talk and not your problem because you don't live there your husband, whom you are separated from, does.
I wish you the best of luck and hopefully all works out for you.
2006-09-22 04:36:38 · answer #5 · answered by Anne M 4 · 0⤊ 0⤋
Sounds like a sticky situation, but there is a real possibility that the neighbors can sue you and/or the father for your sons actions. My advice is at the first sign of any other action from the neighbors, consult a lawyer. You may be liable for medical bills, but a lawyer can get these things settled with the least amount of trouble for you. Good Luck
2006-09-22 02:52:31 · answer #6 · answered by Anonymous · 0⤊ 1⤋
They can sue you for any medical expenses incurred, but I think that's as far as it goes. I don't think they can file any criminal charges, and if they do a judge will most likely throw the case out. Since they have involved the police already it wouldn't hurt for you to get an attorney. If you can't afford one then look for a local form of legal aid, most places have legal services of some sort for people who can't pay or who can only pay very little. Try this web-site, www.legalmatch.com (It's a legitimate site, I found it in Oprah's magazine). Good Luck.
2006-09-22 02:54:23 · answer #7 · answered by nimo22 6 · 1⤊ 1⤋
My close friend writes decisions for judges and he is working on a case like this where the injured one lost an eye. It's not the little boy that's in legal trouble it's the parent (or guardian) unfortunately. If you can prove that its a kid thing and your boy isn't malicious or crazy like the one in the case I am speaking of then you'll be ok
2006-09-22 02:51:41 · answer #8 · answered by Brig 3 · 0⤊ 1⤋
They can't sue your son, but they can sue the parents in civil for court cause the parents are liable for him if he is still a minor
2006-09-22 02:42:50 · answer #9 · answered by Anonymous · 3⤊ 1⤋
Make your son ware a helmet and re-install the surveillance camera on it.
seriously. sell and move !
2006-09-22 03:02:57 · answer #10 · answered by Loser Millionaire 3 · 0⤊ 0⤋