Legal Question in Personal Injury in Massachusetts

If my son was on Mr. X's property, and Mr. X's grandson (who he was taking care of) shot my son with a bb gun and my son sustained an injury, can I hold Mr.X responsible for the accident?


Asked on 5/27/10, 10:59 am

3 Answers from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

It's very likely that you can, if it can be shown that Mr.X was negligent in leaving his Grandson in the company of your son, and the bb gun.

While I don't handle this particular kind of issue myself, if you want to talk to an attorney about this issue, I am happy to make a referral to a terrific personal injury lawyer I know. Call me: Jonas A. Jacobson: 617-230-2779

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Answered on 5/27/10, 2:40 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Yes, I agree; you can also report this to the police.

The issue is not solely liability, but the damages?

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Answered on 5/28/10, 9:49 am

The grandfather is not legally liable for the negligence or intentional act of the grandson. That is the general rule. There may be extenuating circumstances that could bring this into an exception to the rule, for instance if the grandfather had knowledge of the dangerous propensity of the grandson and a prior history of him shooting people, perhaps then there might be some sort of responsibility for negligent supervision. You might want to consider hiring a real life lawyer who might be able to explain to you how holding the grandfather responsible misses the point, and that you may be able to bring a claim against the grandson which might cause the grandfather's homeowner's insurer to respond, which may be the only means by which you could recover anything for this trauma or insult. I don't know what kind of "injury" you are talking about, but unless the BB went into someone's eye it probably is not that big of a deal and might not be worth it for a contingent fee lawyer to take on 1/3 of the value of the injury. If you feel strongly and want to vindicate your rights, you could certainly pay a lawyer by the hour. Good luck. Regards, JBS

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Answered on 5/28/10, 10:14 am


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