Legal Question in Personal Injury in Florida

child hit with plastic bat

My 8yr old mentally challenged son was was at a neighbors house with there 6 yr old.While the kids were playing the 6yr old took a plastic bat and hit my son in the face and back which causes 2 welts,my son took the bat and hit the kid back in the face which causes the child to get several stiches to his eyebrow and eye.

My question is this happened on my neighbors property and there son hit my son first so who is liable? They want me to pay the whole hospital bill and said if I couldnt afford it that my homeowners insurance would cover it.Well why should I get my homeowners involved when it happened on there property and they should have been supervising these kids, plus there kid hit my son first and my son just defended himself.

My neighbors are totally arrogant and think that there kid did no wrong, when in fact he started it! What should I do, legaly do they have a case against my son?

Asked on 3/21/05, 11:33 am

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: child hit with plastic bat

If your neighbors have health insurance that covers their 6 year old son, then the hospital bills were covered by their health insurance policy so they are not out of pocket the money they are now claiming you owe them. Even if they have no policy that covered the hospital bill, it is clear that what happened was a little scuffle between two children that occurs every single day of the year between thousands (if not millions) of children all over the planet, and it is unclear who is to blame. Indeed, the parents may be more responsible for the incident than the children involved in the horseplay for possibly not supervising their kids accordingly. Your neighbors need to get a grip, but they may file a claim against you regardless. If a claim is made against you, make sure you notify your homeowner's insurance carrier immediately by phone, fax and certified mail and get a claim number. Your carrier may appoint defense counsel to protect your interests. Good luck.

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Answered on 3/22/05, 8:46 am

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