Legal Question in Personal Injury in Texas

Can a parent be sued, if a child injures another child while playing in a third

My daughter and her friends were playing in a neighbor's yard. All three girls ran through the back fence, because they were being chased with water balloons by some bigger boys down the street. My daughter did not see her friend behind her, swung the gate open, the friend was running towards the gate as it happened and ran straight into the metal latch, which drove a hole through her face. This just happened and I don't know the medical outcome. I pray the little girl is okay, the girls ranged in ages from 8 to 11 years old. What are my legal liabilities?

Asked on 6/14/03, 10:54 pm

1 Answer from Attorneys

Robert A. Kraft Kraft & Associates

Re: Can a parent be sued, if a child injures another child while playing in a th

Yes, a parent can be sued for such an injury. But the burden would be on the injured child to prove your daughter was negligent. This would depend on several factors, including the circumstances of the incident and the age of the children. It is not possible to give a definite answer regarding the outcome of such a suit, but based only on the facts as you describe them it would be difficult to prove negligence.

A claim such as this would normally be covered by your homeowner's insurance, so if a claim is made you should notify your insurance company pomptly.

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Answered on 6/15/03, 12:21 am

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