msmo069 said:
My 12 yr old son Threw a piece of wood into a tree in our front yard, trying to dislodge a football. The wood caught then fell. As it fell a neighbor's car passed under the tree and was hit by the wood.
How liable is my son?
We requested several estimates. She is demanding money.
My response:
Your son is 100% liable. She can demand all the money she wants, but the earning capacity of a 12 year old is extremely limited.
She can demand all the money she wants. Tell her to make a claim to her own insurance company. If she doesn't want to, or doesn't have insurance, she can always sue your son - and then wait years and years for him to be old enough to pay the judgment. Oh, the "Trailer Princess" will sue you also, but the judge will let you off the hook. When that happens, just watch the steam coming out of her ears !!
You, on the other hand are not liable for the negligence of your son. If he had purposefully, and maliciously caused the damages, then you would have been responsible.
IAAL