Legal Question in Personal Injury in California

''Child injured intentionally by another child''

A child at my sons school intentionally threw a rock at his face and broke one of his permanent teeth, Caan I sue the childs parents for medical expenses and pain and suffering?


Asked on 3/25/02, 8:25 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: ''Child injured intentionally by another child''

Yes the child can sue. Adverse parents own home/have homeowners insurance?

Joel Selik

www.4thelaw.com

800-894-2889

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Answered on 3/25/02, 10:59 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: ''Child injured intentionally by another child''

You might have case against the offending child's parents. Call your lawyer or call us at (323/0782-0099.

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Answered on 3/27/02, 3:41 am
Victor Hobbs Victor E. Hobbs

Re: ''Child injured intentionally by another child''

The child's parents ahve a legal obligation and have an exposure to paying for damages done by their child. There is a dollar limit. However, that used to be $10,000.00, and I think it has been raised. If you try to sue for your child's pain and suffering, and disfigurement. You will probably have to sue in Superior Court, and apply fo an appointment as guardian ad litam. If they are homeowners. Their policy may cover the dental bills. It's amazing, how things that happened to us as kids, are now matters adults want to sue over.

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Answered on 3/27/02, 7:40 am
Khachik Akhkashian Diamond, Burt & AKhkashian, LLP

Re: ''Child injured intentionally by another child''

As already mentioned by the attorneys who posted before me, your case may be actionable against the parents.

I know that children can be wreckless sometimes and it is part of growing up, but once in a while, when the stakes could have been greater, lessons need to be learned so that such dangerous acts do not happen again or escalate to something else.

Being a parent, I can understand your anger, especially if your child is going through the pain right before your eyes on a daily basis.

I know that we dont want parents suing eachother for something that one child did to another, but maybe parents need a reality check and monitor and correct their child's behavior.

What if the rock sruck your child in the eye or in the temple. Would a more serious injury justify taking legal action? I think that action should be proper to get the message across not only to parents to keep an tabs on their children's propensities, but put pressure on the schools to better monitor recess and lunch activites so that they can better prevent such dangerous and frightening sitations.

To be honest, I think that the schools need to take some responsibility under such circumstances.

Maybe I am venting a little but stuff like this concerns me because it is only a matter of time before there is a serious injury involving childish and wreckless pranks.

If I could be of any assistance, please do not hesitate to shoot me an e-mail.

Good luck and I truly hope that your child gets better.

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Answered on 3/28/02, 7:43 pm


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