Liability for Another Child's Injury

[Debbie-in-SD]

What is the name of your state (only U.S. law)? California (San Diego)

My son (12) and daughter (9) were playing with some neighbor boys (ages 9 and 12) the day after Christmas. One of the neighbor boys was riding his bike and the kids (I don't know who came up with the idea) started playing a game where my son (12) would throw his new soccer ball and the boy on the bike would either have to catch it or avoid being hit by it. Things were fine until my son threw the ball and missed the boy on the bike by several feet. But the boy on the bike crashed anyway and shattered his kneecap.

It's a bad situation and I really do feel for the injured child. His parents have announced their intention to sue me for it. I do feel bad but I don't think I should be responsible since the kids were playing and it was not intentional. To me it was an accident.

Can anyone tell me what my liability for this is? It actually happened in the street in front of my next door neighbor. If I'm liable would my homeowners insurance cover it?

 

[tranquility]

I don't know or really believe you would be held liable for this accident. But, I suspect your homeowner's insurance will cover it if you are sued. The other parents may just be blowing smoke, I don't know if an attorney will take this as there would be many problems with the suit. Including the amount of negligence on the part of the victim and the concept of assumption of the risk.

For now, just wait.