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Rock throwing incident at elementary school

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nowander

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

Michigan

Recently a child I know (10 yo) was playing in his school with his friend. Allegedly they were throwing rocks over some tall bushes/fence for fun. Both children admitted to throwing rocks. Allegedly one of the rocks thrown by the children cracked the windshield of a car parked on the other side in a parking lot. Pictures exist with a crack and some rocks next to the car. The mother of the 10 yo child recently received a call about a motion of property destruction (?), my guess small claims court.
How does the mother defend the child? First of all, I don't know of any proof that the rock her child threw actually broke the windshield (remember, more than 1 child involved). I also don't know of any proof that the windshield was actually broken by the rocks thrown by the children in the first place. Does the owner of the vehicle actually have a legitimate case? Can he sue the child for money? The mother?
Tips? Ideas? How does this small claims usually work? Can he really be awarded damages even if there is no real proof in the case? How best to defend?
I also heard that small claims court is almost always against kids.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?

Michigan

Recently a child I know (10 yo) was playing in his school with his friend. Allegedly they were throwing rocks over some tall bushes/fence for fun. Both children admitted to throwing rocks. Allegedly one of the rocks thrown by the children cracked the windshield of a car parked on the other side in a parking lot. Pictures exist with a crack and some rocks next to the car. The mother of the 10 yo child recently received a call about a motion of property destruction (?), my guess small claims court.
How does the mother defend the child? First of all, I don't know of any proof that the rock her child threw actually broke the windshield (remember, more than 1 child involved). I also don't know of any proof that the windshield was actually broken by the rocks thrown by the children in the first place. Does the owner of the vehicle actually have a legitimate case? Can he sue the child for money? The mother?
Tips? Ideas? How does this small claims usually work? Can he really be awarded damages even if there is no real proof in the case? How best to defend?
I also heard that small claims court is almost always against kids.
The delinquent should be held responsible for the damage he participated in causing.
 

TigerD

Senior Member
The delinquent should be held responsible for the damage he participated in causing.
The parent should be held responsible for allowing his/her unsupervised minor to engage in delinquent conduct.

DC
 

sandyclaus

Senior Member
Out of curiosity, wouldn't the school have some responsibility since the incident occurred during school hours, the kids were on school property when it happened, and there was inadequate/insufficient supervision to prevent this from happening?
 

Zigner

Senior Member, Non-Attorney
Zig, who esle should foot the bill for the destroyed property?
From a legal perspective...the child. Realistically, the parent would likely end up paying on behalf of the child.

Of course, if someone has some law or case citation to show that a parent is automatically liable in Michigan in this sort of situation, then I will gladly admit I am wrong :)
 

TigerD

Senior Member
What did the parent do that was negligent in this case?
Failure to supervise. And besides - the 10 year old doesn't have an income and is unlikely to be able to pay.

DC
 

tranquility

Senior Member
This is the "concerted action" issue in liability. Say you have two people who decide to drag race. Once the race begins, one driver loses control and crashes. Does the other driver have liability?

Of course. (We're talking civilly, criminal actions would be covered by other statutes or conspiracy theory.) How much would depend. I'd think both people who were doing the act which caused the damage should be joined in the same lawsuit and let them fight it out as to who is more liable so they can allocate the amount between themselves. (Perhaps on the theory of contribution.) However, the person harmed should be made whole.

As to the parental liability, this may not be mere negligence. This could be gross negligence. Many states make an exception to vicarious parental liability for gross negligence. I can't see Michigan's law on a quick scan, but, maybe. (In addition to direct negligence for failure to supervise--depending on the facts.)
 

nowander

Junior Member
I found this on Michigan Law


http://www.legislature.mi.gov/(S(e54t2t551qggkm2hjvdjvbfc))/mileg.aspx?page=GetObject&objectname=mcl-600-2913
 

Zigner

Senior Member, Non-Attorney
I found this on Michigan Law


http://www.legislature.mi.gov/(S(e54t2t551qggkm2hjvdjvbfc))/mileg.aspx?page=GetObject&objectname=mcl-600-2913
Good find - I stand corrected.

The minor's parents should be held responsible for their delinquent's behaviour. Said parents should then hold their child responsible for repayment in whatever manner they feel is appropriate.
 

tranquility

Senior Member
Actually, unless it can be proved the children were throwing at the car, I don't think that statute would apply. My understanding of the facts might not find willful or malicious intent for throwing rocks over a fence. It seems Michigan requires more than gross negligence.
 

LdiJ

Senior Member
Good find - I stand corrected.

The minor's parents should be held responsible for their delinquent's behaviour. Said parents should then hold their child responsible for repayment in whatever manner they feel is appropriate.
That law is for:

600.2913 Minor maliciously or wilfully destroying property or causing bodily harm or injury to person; recovery of damages from parents.
Does this instance fall under the definitition of maliciously or wilfully? Tossing rocks over a fence and some bushes would not necessarily be malcious or a wilfull intent to cause harm.
 

TheGeekess

Keeper of the Kraken
I miss the good ol' days. :cool:

Once upon a time, both boys' parents would pony up for the damages. Junior and Buddy would get a butt-tore-up and/or pay restitution to the parents. Junior and Buddy don't throw rocks anymore and grow up to be decent productive citizens. No attorneys/law required.

###
 

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