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

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C

ccljordan

Guest
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?
 


I AM ALWAYS LIABLE

Senior Member
ccljordan said:
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
 

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