What are the parents’ liability if their child causes an accidental injury to another minor?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are the parents’ liability if their child causes an accidental injury to another minor?

If a 17-year-old student is “horsing around” with a friend in the school lunchroom and accidentally causes injury to friend’s recent surgical site (when unaware recent surgery had been performed) and the child ends up in hospital, can parents of student “causing” incision to open be held liable for the injury? The injured child stated in front of school nurse after incident that it was not his friend’s fault, but the boy was suspended and deans told him his parents could be sued. Wouldn’t the school or surgeon who released him back to school so soon be liable rather than the minor student?

Asked on October 20, 2011 under Personal Injury, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A parent is responsible for damages that his or her child causes if the parent knows that the child has the pre-disposition to cause injutry to others or if the parent knows that the child has in his or her possession an item that could cause injury to others.

From what you have written, the incident that occurred at school and away from the parents would not appear to be the responsibility of the parents of the child that caused the accidental injury to another child.

I fail to see what responsibility the school of the surgeon who had previously treated the injured child would have to the injured child from 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 lock Secured with SHA-256 Encryption