I was at a family gathering. These kids out of no where decided to throw a soda can towards me and i ended up getting hurt and sent to the hospital.
Can i held the parents responsiable for me having a scar for the rest of my life
2007-09-11 10:33:33 · 19 answers · asked by Lilliann A 1 in Politics & Government ➔ Law & Ethics
Get over it. It's family, work out a deal to cover your medical costs and move on. Life happens, and I seriously doubt your going to have a significant scar from a soda can.
You may also want to learn how to spell, and write coherently, at the very least don't be so obtuse as to ignore the spell check. Those things lead me to agree with a previous poster that there is more to this story than you relate to the Answers community.
2007-09-11 10:48:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Bottom line, extremely unlikely. Courts are about LOSS and compensating for that loss. Unless you're a model who's lost income based upon the scar, you really don't have any case.
In cases of extreme negligence (we're talking so extreme that society in general has been endangered), a plaintiff can ask for additional punitive damages and a judge or jury might grant it.
In your case, even if you had to pay out of your pocket for medical care, I doubt that the circumstances would lead to any compensation, let alone a punitive judgement on top of it.
For everyone who will respond and say that it's not right, there is a balance between regulating and stifling children. Things do go airborne when children play, so there is a reasonable expectation to be extra careful around kids. Unless it can be proven that the soda can was deliberately launched from close range as a weapon, the damage (scar) should be very small.
2007-09-11 18:00:42 · answer #2 · answered by Marc X 6 · 2⤊ 0⤋
Personally and it is a personal opinion is your wasting your time. It would cost more in legal fees then it would for you to collect on punitive damages if the judge allows you any punitive damages. It's NOT worth the time and energy. If it happened then you should have gone to the police to have it reported. The police could have gone to the parents of the children and explained to everyone their actions and the consequences. Sometimes kids under the age of 18 are placed in juvy if the crime is bad enough with malicious intent. You might could sue for medical bills, but again I don't think it is worth your time paying for a lawyer and court cost to have the family pay for any hospital bills.
Another thing if it is a really bad scar you can also put creams on it to reduce the appearance of having a scar. Ask your doctor and sometime pharmasists can help you out too.
2007-09-11 17:48:48 · answer #3 · answered by tjnw79 4 · 1⤊ 0⤋
The bottom line is that you can sue anyone for pretty much anything.
The question is should you?
So... if we are talking about a huge disfiguring scar that seriously impacts your ability to function in polite society, then probably yes. OTOH, if we are talking about something on the along the lines of a zit that will eventually fade into your laugh lines, probably not.
--- Edit ---
And for the record, generally people don't just haul off and throw soda cans at someone just for the heck of it. I suspect that there is more to the story...
2007-09-11 17:39:43 · answer #4 · answered by Anonymous · 3⤊ 0⤋
Yes. You can sue the parents for medical bills and permant injury.
Tort liability for damages caused by delinquent youth is yet another way States traditionally have held parents accountable for the misdeeds of their children. Typically, tort law varies from State to State regarding the monetary thresholds on damages collected, the age limit of the child, and the inclusion of personal injury in the tort claim. Hawaii was the first State to enact such legislation in 1846, and its law remains one of the most broadly applied in that it does not limit the financial bounds of recovery and imposes liability for both negligent and intentional torts by underage persons.75 Florida, Louisiana, Massachusetts, and New Jersey also do not place a limit on the amount of recovery. Today, all States but New Hampshire and New York have provisions holding parents civilly responsible for youth crime, with an average maximum recovery amount of $4,100
2007-09-11 17:45:40 · answer #5 · answered by D and G Gifts Etc 6 · 0⤊ 2⤋
my god kids are kids.. lets forget about being sue happy.. when we were kids (i am 44 now) stones were thrown, sticks where being poked.. fists flew.... dog bites took place and no one sued anyone for anything.. because kids will be kids.. now if it was a gun they had and they shot and scarred you then i would say file charges, but, to sue? come on...i have scars from teaching a girl ride a 2 wheeler should i have sued the mom for not teaching her and giving me a scar for the rest of my life? i have stretch marks from having kids.. whom should i sue for that? i will have them for the rest of my life..my foot went thru the window when my brother was chasing me thru the house i have a scar on my ankle for the rest of my life.. should i have sued my mom and dad for something?so why sue the parents they had nothing to do with it... why punish the parents for something dumb their kids did??????
2007-09-11 17:42:47 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You should consult a personal injury attorney. You can seek personal injury damages, and medical expenses. Punitive damages are possible if you can prove neglect to supervise the children by the parents.
2007-09-11 17:41:04 · answer #7 · answered by NoAmnesty4U 3 · 0⤊ 1⤋
Maybe. Do you have any proof of it? You'd need to file a civil suit, and have evidence of the injury PLUS evidence (witnesses, pictures) that those kids caused it on that day.
I don't think you could sue for "pain and suffering", but certainly the hospital bills, and any missed work.
Gather your evidence and call a lawyer.
2007-09-11 17:38:31 · answer #8 · answered by physicsmom04 3 · 1⤊ 1⤋
Yes. It's a good idea to just contact them first, especially if you know them and it was family-related. Let them know what the situation was and how badly you are injured or scarred. Then, if they refuse to take responsibility or help you pay for medical bills, etc., then get a lawyer.
2007-09-11 17:36:56 · answer #9 · answered by Hillary 6 · 2⤊ 1⤋
That would be "punitive" damages. Depends what state you live in. We all have scars. You might want to just get over it. **** happens.
2007-09-11 17:37:49 · answer #10 · answered by Flatpaw 7 · 2⤊ 0⤋