Legal Question in Personal Injury in Pennsylvania
my uncle's son broke my nose. this kid is seven years old and he did this by kicking me in the face. my uncle and the mother had seen him strike me before at different times sometimes saying nothing and other times saying things like you know you can't hit people and giving him a thirty second time out or just doing nothing. I would like to sue for damages and i wonder if i can get more because they neglected to actually stop their son from being abusive/bratty towards me at any time. ie, they allowed it to continue and actually made the situation worse by speaking ill of me behind my back in front of this kid. at one time his son said to me "dad says you're like a kid."
They allowed me to stay with them temporarily when I was moving.
1 Answer from Attorneys
Certainly you can sue the parents for failing to supervise the kids behaviour, especially after having notice of is violent propensities. The problem is 1) I am not sure that the parent's home owners insurance would cover a situation like this. It depends on what their insurance policy says. This is a problem, because while you can get a judgment against your uncle and wife, collectiing on that judgment might be difficult. Further, you may have trouble who finding an attorney who wants to get involved in family disputes.
You can always go to your local District Justice Court (small claims court) and file a civil action yourself. Another issue is whether or not you received medical care and treatment for your injuries. If you did and have your own medical coverage, then your coverage will ultimately be responsible for paying the bills.
I certainly don't know your family situation, but I would stay away from these people, if you can.
Simply stated the parents can be held legally responsible for injuries caused by their 7 year old son, but actually collecting damages could potentially raise problems.
You should consult with a local personal injury attorney to learn your options. Most personal injury lawyers do not charge for an initial consultation. This would be the best way to go.
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