Legal Question in Personal Injury in Wisconsin
liability for injury child caused
My 14 yr old child was goofing around and hit a child in his privates. The mother is requesting I pay for all medical cost. I offered to cover her insurance deductables. I am being fair or does she have a case?
1 Answer from Attorneys
Re: liability for injury child caused
Wis. Stat. sec. 895.035 provides that the parents with custody of a child are liable for up to $5,000 in damages for injuries negligently caused by the child. Your homeowners insurance will probably cover this. Even if the injured party had his own health insurance carrier pay for the medical bills, the insurance carrier could come after you for reimbursement for those payments. Your proposal of paying the deductible was a good proposal. However, the mother of the injured child could not waive the subrogation claim of her health insurer.
I think you should determine whether your homeowners insurer will cover the injury.
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