<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lkyoder:
My child was wrongfully accused of molesting another child and it was proven that the allegations were false. Do we as parents have the right to file a law suit against the parents of the child who made the false allegation? Do we have grounds for a law suit? Can we sue on behalf of our child for mental anguish,pain and suffering, defamation of character, loss of wages, reimbursment of legal fees, etc?<HR></BLOCKQUOTE>
My response:
Yes, against the other minor. If you can prove malice by that minor, then the parents are likewise on the hook for up to $25,000.00 for the malicious acts of their child. The minor is on the hook for "sky's the limit" - - the only caveat to that would be the age of the other minor. The older they are, the more willing a court will be to hold their "hand in the fire".
Then you're saying, "what good is suing the minor. He/she doesn't have a job or only works at McDonalds. He/she doesn't own any real estate either, so what good will that do us?"
Well, that may in fact be true; however, you must sue the minor if you plan on obtaining damages from the parents. Also, a judgment against the minor is good for 10 years, and renewable for another 10 years.
Do you think that at some point in those 20 years the other minor could be working or own a bank account, or real estate? There's a pretty good chance.
IAAL
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