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06-12-2006, 10:08 PM
| | Junior Member | | Join Date: Jun 2006
Posts: 3
| |  Need some quick advice please!
What is the name of your state? Iowa
3 years ago in Aug my wife was doing home daycare for some friends of ours. They took a walk to the post office, also with another mother from the neighborhood, total of 5 or 6 kids went with them. While there one of the kids my wife was in charge of had her finger pinched in an open postal box by one of the other persons children. The parents were told by the post master not to worry that the post office would take care of the bills. Forward to now, the post office denied the claim stated they had no liability that it was my wifes fault. They came tonite and told us they had 24 hrs to decide to go on with their lawsuit against the post office and if they did, the post office would turn and sue us. We have a feeling that if they decide however to drop it for the post office, they are gonna file a civil suit against us anyways. Here's the other thing, the medical bills came to @1600, they are asking for @30,000 due to pain and suffering, this is also after their own private medical insurance covered all of the bills except for the 10%. Also in iowa it states the limitations for this is 2 years, but may be different if it is for a minor, which it was. Any help or advice would be greatly appreciated, it's a long time to sit on this and see what they plan on doing. |
06-13-2006, 06:17 PM
| | Senior Member | | Join Date: Mar 2004
Posts: 4,259
| | | $1600 for a pinched finger????? My God, what kind of superior healthcare rates do you have where you live?????? Giving birth there must cost a million bucks!!!! |
06-13-2006, 10:55 PM
| | Junior Member | | Join Date: Jun 2006
Posts: 3
| | | The tip of her finger was all but cut off, she had to have surgery to reattach it. |
06-23-2006, 11:15 AM
| | Member | | Join Date: Nov 2003 Location: United States of .... Posts: 1567
Posts: 74
| | Quote: |
Originally Posted by maverick1973 The tip of her finger was all but cut off, she had to have surgery to reattach it. | What did your insurance policy pay? I assume since you were watching more than 2 kids in IA that you had proper licensing and insurance?
Your liability policy should have been invoked from the start of this situation.
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We are the middle children of history, man. No purpose or place. We have no great war, no Great Depression. Our great war is a spiritual war. Our Great Depression...is our lives. We've all been raised on television to believe that one day we'd all be millionaires and movie gods and rock stars, but we won't...And we're slowly learning that fact. And we're very...very...pissed off.
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06-23-2006, 01:38 PM
| | Junior Member | | Join Date: Jun 2006
Posts: 3
| | | No, she was not licensed in the state, it was a temporary thing they had lost their sitter and were looking for another. The main thing they are after in court is that the postmaster told the parents to turn in the bills that the usps would take care of them. The local office said it would pay them but the state office won't allow it, that is the big problem i guess. |
06-23-2006, 02:05 PM
| | Member | | Join Date: Nov 2003 Location: United States of .... Posts: 1567
Posts: 74
| | Quote: |
Originally Posted by maverick1973 No, she was not licensed in the state, it was a temporary thing they had lost their sitter and were looking for another. The main thing they are after in court is that the postmaster told the parents to turn in the bills that the usps would take care of them. The local office said it would pay them but the state office won't allow it, that is the big problem i guess. | Kid #1 slammed Kid #2's finger in a mailbox, so how is the post office/government responsible?
Tell them to get over it. Accidents happen to kids and they can sue all they want, but unless they come after you, they have little chance at success.
__________________
We are the middle children of history, man. No purpose or place. We have no great war, no Great Depression. Our great war is a spiritual war. Our Great Depression...is our lives. We've all been raised on television to believe that one day we'd all be millionaires and movie gods and rock stars, but we won't...And we're slowly learning that fact. And we're very...very...pissed off.
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07-06-2006, 03:55 PM
| | Junior Member | | Join Date: Jul 2006
Posts: 3
| | | Parents are not liable for the torts of their children. Whether your child is liable will depend on whether a child of like age, education, intelligence and experience would know that she shouldn't have pinched another child's finger. If your child is very young, it's unlikely that she will be liable, unless it was an intentional tort. Did your child put the other child's finger in the mailbox? Or did the other child put the finger in the mailbox herself and then your child closed the mailbox? If it was intententional tort, then your child would be laible. But keep in mind, parents are not vicariously liable for the torts of their chidren. However, you could be liable up to some amount for damages. |
07-06-2006, 07:03 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,515
| | Quote: |
Parents are not liable for the torts of their children.
| That's not entirely correct. Parents are not liable for their children's negligence, but parents are responsible for their children's malicious or willful conduct. Quote: |
If it was intententional tort, then your child would be laible. But keep in mind, parents are not vicariously liable for the torts of their chidren. However, you could be liable up to some amount for damages.
| See above. If it's an intentional tort, the parent or gaurdian will be liable. | |
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