Personal Injury ???

[stankukis]

What is the name of your state (only U.S. law)? TN

My 9 yo son was maliciously pushed off our trampoline and broke his arm which required surgery. The other boy was a neighborhood 9 yo we dont know well. We have 2 adult witness's also. We rent our current house but the boy lives in their house which they own with there own home owners policy. The boys mothers attitude has been terrible and that is why we are contemplating this. Do we have a case to sue for damages, medical bills, pain and suffering etc??? Thanks

 

[quincy]

stankukis, the "preview" function on this forum is not working properly. If you preview your post prior to submitting it, all that you have written tends to disappear. I have no idea why.

You might want to try once again to post your question, this time without previewing your post first.

 

[tranquility]

What is the name of your state (only U.S. law)? TN

My 9 yo son was maliciously pushed off our trampoline and broke his arm which required surgery. The other boy was a neighborhood 9 yo we dont know well. We have 2 adult witness's also. We rent our current house but the boy lives in their house which they own with there own home owners policy. The boys mothers attitude has been terrible and that is why we are contemplating this. Do we have a case to sue for damages, medical bills, pain and suffering etc??? Thanks

It depends.

Lavin v. Jordon, 16 SW 3d 362 - Tenn: Supreme Court 2000

XX-XX-XXX. Recovery for injury or damage by juvenile.—

Any municipal corporation, county, town, village, school district or department of this state, or any person, or any religious organization, whether incorporated or unincorporated, shall be entitled to recover damages in an action in assumpsit in an amount not to exceed ten thousand dollars ($10,000) in a court of competent jurisdiction from the parents or guardian of the person of any minor under eighteen (18) years of age, living with the parents or guardian of the person, who maliciously or willfully causes personal injury to such person or destroys property, real, personal or mixed, belonging to such municipal corporation, county, township, village, school district or department of this state or persons or religious organizations.

XX-XX-XXX. Limitation on amount of recovery.—

The recovery shall be limited to the actual damages in an amount not to exceed ten thousand dollars ($10,000) in addition to taxable court costs.

XX-XX-XXX. Circumstances under which parent or guardian liable.—

(a) A parent or guardian shall be liable for the tortious activities of a minor child that cause injuries to persons or property where the parent or guardian knows, or should know, of the child's tendency to commit wrongful acts which can be expected to cause injury to persons or property and where the parent or guardian has an opportunity to control the child but fails to exercise reasonable means to restrain the tortious conduct.

(b) A parent or guardian shall be presumed to know of a child's tendency to commit wrongful acts, if the child has previously been charged and found responsible for such actions.

Tenn.Code Ann. §§ 37-10-101 to -103 (1996 & Supp.1999).

*369 In comparing the parental liability cause of action with our decision in Bo****, we are constrained to conclude that the basis of liability imposed by the statute and by our decision in Bo**** are virtually identical with respect to intentional torts committed by children. Although parental liability under the 1957 appears to have been technically grounded in vicarious liability,[7] the plain language of the 1981 and 1985 amendments fundamentally changed the nature of the cause of action. Unlike the original version of section -1003, the current section -103(a) does not contain any language that would require the defendant to prove "due care and diligence." Instead, section -103(a) now states that "[a] parent or guardian shall be liable for the tortious activities of a minor child that causes injuries to persons or property where...." As this language makes clear, lack of parental negligence is no longer merely a defense to liability; parental negligence is now the basis of that liability. In other words, unlike the original statute, plaintiffs now need to show more than the mere existence of a parent/child relationship to establish a prima facie case; plaintiffs must now show that the parents are actually at fault before any liability can attach.

 

[TigerD]

OP:
Where were you?
Why were you not supervising the hazardous condition you emplaced in your yard?

My advice: Remove the I-want-to-cripple-my-children-device before your landlord's insurance company find out about it and you are evicted. You just learned a lesson.

DC

 

[swalsh411]

Trampolines are inherently dangerous and falling off is an entirely predicable outcome for the irresponsible parents who allow their children to use them.

 

[Nikkey]

Teach your kids to use trampoline before allowing them to use it.

 

[jonveale]

Teach your kids to use trampoline before allowing them to use it.

The kid was pushed off the trampoline, even if you're an expert in using one and someone pushed you off, what do you think will happen?

File a personal injury claim.