My son was in a fight at school and the other boy busted his front tooth. It will cost several thousand dollars to repair. I've been told that if the other parents don't agree to help with the costs that I should press assault charges against the boy. I don't agree because this could potentially destroy this child's life. Would you file charges?
2007-12-19 12:58:16 · 13 answers · asked by BeenThere 2 in Politics & Government ➔ Law & Ethics
The decision to press criminal assault charges should made without considering whether you get any money or not.
Threatening to bring criminal charges just to leverage the parents into paying would be unethical.
2007-12-19 13:03:46 · answer #1 · answered by raichasays 7 · 3⤊ 1⤋
This isn't about ethics. It's about compensation for damages.
I don't understand what you mean by "filing charges". In Canada, where I'm from, it's not up to the victim to decide whether to file charges. The "victim" is deemed to be Her Majesty the Queen, so the police give information to the Crown Prosector who will make a decision based on liklihood of conviction, the public interest, and all that.
There is another approach. I would suggest that, since the parents are responsible for damage done by their children by negligence or malice, you should see if you can sue the kid's mother and dad for the tooth money.
I agree with your approach, that compensation for damages is more important than getting even with the kid.
Your problem, in any case, is that the charge (if you filed it) would be assault, and it wouldn't wash if your son agreed to be in the fight. It would be different if he was getting picked on by a bully or something.
The same goes with suing the kid's parents. The legal term is "volenti non fit injuria"--meaning that you cannot sue someone for damages caused by your own voluntary participation in a dangerous activity.
I'm sorry to say that you might be out of luck for the cost of the tooth.
2007-12-19 21:12:33 · answer #2 · answered by Pagan Dan 6 · 1⤊ 0⤋
How many thousands of dollars can you pay to fix one tooth? I can see why they may think you should seek another opinion on the cost. I wouldn't prosecute on assault and I would get another opinion on fixing the tooth. It would make a civil settlement more likely which is the only way I would proceed with something like this unless your kid was attacked for no reason.
2007-12-19 21:07:34 · answer #3 · answered by bravozulu 7 · 0⤊ 0⤋
No, a fight needs to be decided between people, and if someone gets into a fight and gets hurt, well that's the risk. Calling the cops over a fight where both people praticipated is being a pussy and a coward, if cops were left out of more fights that could just be decided by people and no legal process needed then they would have more time to deal with real crimes. Not to mention the population of this country would be showing a little balls.
2007-12-19 21:09:12 · answer #4 · answered by Shalashaska 3 · 0⤊ 1⤋
IF, and this is a big IF, IF the other kid threw the first blow and there were witnesses to that effect, file a CIVIL lawsuit. That will not hurt the kid's future but will get you some money to fix the tooth. You will be more likely to win a civil suit than a criminal suit and a criminal suit will not pay to fix the tooth.
2007-12-19 21:13:16 · answer #5 · answered by forgivebutdonotforget911 6 · 5⤊ 0⤋
You are a credit to Liberals everywhere. I agree, the other kid should have done a lot more physical harm before assault charges are brought against him. Maybe you can sue the school for not protecting your son from the other kid?
2007-12-19 21:09:21 · answer #6 · answered by Yo it's Me 7 · 0⤊ 1⤋
sounds like a trap to see there parents. check into your dental plan. if you have any. maybe between both parents can pay for teeth repair. or even the children involved can pay. their old enough to know better.
on the other hand to bad it not like back in the 50' 60's going to school.
2007-12-20 00:39:38 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Filing criminal charges will not get your bills paid. Get a good lawyer who will probably suggest filing a civil lawsuit against the boy, his parents and the school, which has the "deeper pockets" lawyers like.
2007-12-19 21:04:57 · answer #8 · answered by thylawyer 7 · 2⤊ 2⤋
I would not file criminal charges against a 13-year old child. I would, however, sue his parents in civil court for my son's medical bills.
2007-12-19 21:03:11 · answer #9 · answered by Ti 7 · 8⤊ 2⤋
You would be doing the kid a favor. How many injuries, or worse, does he have to cause before someone has enough guts to step up and file charges against him?
2007-12-19 21:01:41 · answer #10 · answered by Anonymous · 7⤊ 3⤋