Boys will be boys

[Andrewlance]

What is the name of your state? California

I have a question which I understand is now Academic, but I'd still like to understand my rights should a situation like this happen again. I also understand that this situation touches on a few different areas of law, so this is not the only forum which would be correct.

So let me get started with the most straightforward portion:
My two year old son was playing at an indoor playground adjacent to a mall, when another boy, also two years old, bit him. On the surface, this appears to be a case of "boys will be boys", and certainly not one in which we should involve the law. But the situation gets a little more interesting:

My wife and I were watching our son when it happened, and immediately ran to him when he started crying. The other boy seemed to know he did something wrong, but didn't show any remorse (not surprising at 2 years old). We looked around for his parent or guardian, but no one was watching him. Over the next 20-30 minutes, we kept our son away from this little boy, and also continued to watch to see who the little boy belonged to.
We consistently saw no evidence that anybody was watching him.

So here is where this crosses over into criminal law, I'm sure. Presumably the parent or guardian left the child in this *unsupervised* play area, figured he would be okay, and went on to shop in peace. The guardian did not return before we left. I am sure that this borders on child endangerment (if not fully over the line), and had I thought of it at the time, I probably could have called the police.

Back to the situation with my son -- 24 hours later, there is still a visible bite mark on his arm, although the skin was never broken. Are the parents responsible for their child's actions in this situation? I believe that if you allowed your dog to run around the neighborhood with no leash, and your dog bit a child, you would be negligent. So is it any different with a child?

Obviously this is academic now, as I will probably never see the parent or child again. But I am sure this situation happens all too often, and would like to know what the law says about it.

Thanks.,

Andrew Lance

What is the name of your state? California

[racer72]

If this child appeared to have been left on his own, why did you not seek police and/or security? A parent that would leave a child unattended in a public place, even if for a few moments, needs to face the consequences of such an action. Teenage boys are easily being kidnapped, how much easier would it be to walk off with an unattended toddler? Of course, it's now too late to do anything. There was a definite lack of common sense, by both you and the boy's parents in this situation. Be prepared to be thoroughly flamed for your actions.

[Andrewlance]

Alright, I hear you.

I acknowledge that had I been thinking more clearly, I could have sought mall security or the police. I was probably not in the best frame of mind, given that I had to calm down my little boy and was very taken aback from the situation.

Flames seem a little harsh in this situation, but I'll accept the positive with the negative in terms of responses.