What is a neighbor’s liability if their child intentionallyinjured my child?

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What is a neighbor’s liability if their child intentionallyinjured my child?

My 5 year old son was at the neighbor’s house playing in the back yard. While he was there I was on the sidewalk in front of their house with my 2 year old son. I heard a loud scream and knew it was my 5 year old. He ran to me holding his hand. The neighbor’s son had smashed my son’s hand between 2 rocks. So far we have gone to the ER and his thumb is shattered and we are going to an orthopedic surgeon. I’m highly concerned with the damage and if his thumb is going to be normal and operational. The neighbor has 3 kids and they are out of control.

Asked on October 5, 2011 under Personal Injury, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The neighbor is liable for your son's injuries based on negligence for not supervising his/her kid. 

When your son completes his medical treatment and is released by the doctor or is declared to be permanent and stationary by the doctor which means that your son has reached a point where no further improvement is anticipated, obtain the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills. 

If the neighbor has any insurance which would be applicable to this situation, your son's claim should be filed with the insurance carrier.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the neighbor.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to be appointed guardian ad litem to file a lawsuit on behalf of your son since he is a minor, against the neighbor for negligence.  The lawsuit will need to be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.

Negligence is based on the failure to exercise due care (that degree of care in this case that a reasonable parent would have exercised under the same or similar circumstances to control their kid and prevent foreseeable harm). 

In order to prove negligence, you will need to prove duty of due care mentioned above, breach of duty (failure of the neighbor to control the kid), actual cause, proximate cause, and damages.  Actual cause means but for the neighbor not controlling/supervising their kid, would your son have been injured?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening events which would relieve the neighbor of liability?  If  the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking to recover in your son's lawsuit against the neighbor for negligence.  Damages would include the medical bills and compensation for pain and suffering.  


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.

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