What is my liability if my child and another child bumped into each other at a department store and the other child was possibly hurt?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my liability if my child and another child bumped into each other at a department store and the other child was possibly hurt?

The other child fell and claimed their ankle was hurt. The parents would not let the child stand on the ankle and insisted it was broken and wanted to call for paramedics. Long story short, what if any is the liability here? It was a harmless accident amongst children, is their any liability on my part? They both were walking from different directions past racks taller then them thus they didn’t see each other around the corner.

Asked on August 3, 2015 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Typically, a parent of a young child is only liable if he or she was not monitoring or supervising his/her child properly, and that is what led to the child injuring another. And conversely, if the parents of the injured child did no monitor or supervise their child properly, that negligence (carelessness) could reduce or even eliminate the other child's parent's liability, since the injured party's own fault counteracts or acts as a set-off against the fault of the other party (e.g. say that party 1 is 75% at fault, and the injured party is 25%; if the injured party sued and won, they would only receive 75% as much as they would have had they not been at fault at all).

Based on what you write, there does not appear to be a basis for liability against you, if two children, walking in a store, happened to mutually bump into each other. That may not stop the other parent(s) from suing you, since people can use even if they do not have a good case, but you should have a good defense if that happens, based on what you have written.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption