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md huff

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mdhuff

Junior Member
What is the name of your state?alabama
I have a friend who's 3 y/o is in a day care center and recently pushed a little girl down a slide and caused the little girl to dislocate her elbow. should my friend worry about getting sued or would the school be responsible?
 


S

seniorjudge

Guest
Did someone from the school push the little girl down the slide?
 

mdhuff

Junior Member
no it was my friendsthe three year old boy who pushed the little girl. would the little girls parents have grounds for a lawsuit?
 
S

seniorjudge

Guest
mdhuff said:
no it was my friendsthe three year old boy who pushed the little girl. would the little girls parents have grounds for a lawsuit?
Then why would you think the school would be responsible?

Give us some facts here.
 

mdhuff

Junior Member
the whole story and question is this: the three year old boy was waiting on the top of a little slide at the school for the little girl in front of him. He got frustrated and pushed the little girl who then fell and dislocated her elbow. my question is: should my friend be worried about getting sued? would it fall under the parents responsibility or because the child was under someones elses supervision would that supervising party be responsible, or would this fall under silly kids and they shouldn't worry about a lawsuit?
 

stephenk

Senior Member
a 3 year old is not capable of committing a negligent act under the law. the parents of the hurt kid have no recourse against the parents of the 3 year old. They may have a claim against the school for negligent supervision or maybe negligent maintenance if the area under the slide was not cushioned.
 
S

seniorjudge

Guest
They may have a claim against the school for negligent supervision or maybe negligent maintenance if the area under the slide was not cushioned.

And either of those will be tough to prove!
 

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