Legal Question in Personal Injury in Georgia

civil law suit

My 4 year and another child who is ten years old was fighting. my 4 year old bite the other child, the mom said she will sue? Can she sue me

Asked on 12/05/08, 8:58 pm

3 Answers from Attorneys

Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: civil law suit

Anyone can claim anything in a lawsuit. However, if a suit were filed and you turned it over to your homeowners insurance carrier to defend, I would expect your defense lawyer to file a motion for summary judgment or motion to dismiss on the ground that a child under 13 cannot be held liable as a matter of law.

A suit against you as the parent would have to be based on negligent supervision or negligent entrustment of a dangerous instrumentality, such as weapons, motor vehicles, explosives, etc. I seriously doubt that you had any prior indication that your child would bite the other kid. And baby teeth are not generally considered dangerous instrumentalities.

If filed, this would be a frivolous lawsuit. A lot of little kids go through a biting stage, especially if bigger kids are picking on them.

I assume the parent who is complaining is a first time parent. In raising two kids to adulthood, I learned that occasional trips to the ER for stitches and minor fractures are just part of growing up. If there is not permanent harm, it's not worth getting upset about.

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Answered on 2/19/09, 12:00 am

Glen Ashman Ashman Law Office

Re: civil law suit

Sure. But unless there was any injury, there would likely be no damages. If she did your homeowners insurance might cover you for defense costs.

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Answered on 12/05/08, 9:36 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: civil law suit

Well, remember that anyone can sue anyone else. Winning is another matter. Consult with a local attorney.

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Answered on 12/06/08, 7:30 am

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