+ Reply to Thread
Results 1 to 2 of 2
  1. #1
    ccljordan Guest

    Can I be sued for my 2 yr old child biting another

    What is the name of your state? California

    My 2 year old son recently bit another child while at a play gym. We were not present at the time of the incident, he was attending a class and was being supervised by the owner/staff of the facility. The parents of the child that was biten are threatening legal action as their child still has a mark on its cheek after 2 months.

    The parents of the child are requesting our details (name, address, tel #) from the owner of the play gym. Are they or we legally obliged to provide these details?

    Does anyone know of a case such of this before and can my son or we as parents be sued for his actions in this scenario?
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,166

    Re: Can I be sued for my 2 yr old child biting another

    Originally posted by ccljordan
    What is the name of your state? California

    My 2 year old son recently bit another child while at a play gym. We were not present at the time of the incident, he was attending a class and was being supervised by the owner/staff of the facility. The parents of the child that was biten are threatening legal action as their child still has a mark on its cheek after 2 months.

    The parents of the child are requesting our details (name, address, tel #) from the owner of the play gym. Are they or we legally obliged to provide these details?

    Does anyone know of a case such of this before and can my son or we as parents be sued for his actions in this scenario?
    My response:

    Yes, you and your two year old can, in fact, be sued. The better question, however, is whether the Plaintiff parents can prevail in such a lawsuit.

    A minor's "willful misconduct" causing injury or death to another, or damage to the property of another, "shall be imputed to the parent or guardian having custody and control of the minor" for civil liability purposes. Subject to a dollar ceiling (below), the parent (or guardian's) imputed liability is joint and several with the child. [Ca Civil 1714.1(a)]

    The maximum imputed liability is $28,800 for each of the minor's torts. [Ca Civil 1714.1(a); Ca Rules of Court Rule Appendix, Div. VII, Rule 3]

    Further, in the case of injury to a person, a parent's (or guardian's) imputed liability is limited to medical, dental and hospital expenses. [Ca Civil 1714.1(a)]

    However, then the issue becomes whether or not a child of "tender years" can formulate "malicious intent" or even "negligence." The answer to that is a undoubtedly, no. A two year old uses their mouth and teeth - - that is the expected behavior, especially when threatened.

    For purposes of negligence liability, minors are not held to the same standard of conduct as adults. Rather, they are required to exercise only that degree of care ordinarily exercised by minors of like maturity, intelligence and capacity under similar circumstances. [Daun v. Truax (1961) 56 Cal.2d 647, 652, 16 Cal.Rptr. 351, 354; Ellis v. D'Angelo (1953) 116 Cal.App.2d 310, 253 P.2d 675; and see BAJI No. 3.35]

    In effect, the standard of care imposed on minors may be likened to a "sliding scale"- - the younger the child, the more leeway in measuring duty and breach. [See Singer v. Marx (1956) 144 Cal.App.2d 637, 301 P.2d 440 (9-year old throwing rocks)]

    Good luck to you.

    IAAL

Similar Threads

  1. Another owner of biting dog
    By Mdumbblonde in forum Other Personal Injury and Wrongful Death
    Replies: 3
    Last Post: 09-11-2008, 10:35 PM
  2. Owner of Biting Dog :(
    By twinkly1974 in forum Other Personal Injury and Wrongful Death
    Replies: 2
    Last Post: 09-03-2008, 10:15 AM
  3. Dog biting
    By rudy0118 in forum Other Personal Injury and Wrongful Death
    Replies: 1
    Last Post: 09-13-2004, 10:33 PM
  4. should i pay for my dog biting theirs
    By alagada in forum Small Claims Courts
    Replies: 3
    Last Post: 06-07-2003, 08:38 PM
  5. roommate with a biting dog
    By Texasdarlin in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 12-28-2000, 09:14 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.