Can I be sued?

[Mamajen916]

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

My child and another were seen near a neighbors car prior to her finding 2 scratches on her car. The other child admitted to being on his scooter near the car and my child said she was playing tag with other children at the same location. The boy is the owner of the scooter and was seen playing with it near the car at e time of damage. Since there is not physical or visual proof that my child was the cause of the damage, could i (as her parent) be held responsible for repairs, would the other parent be held responsible or neither?

 

[quincy]

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

My child and another were seen near a neighbors car prior to her finding 2 scratches on her car. The other child admitted to being on his scooter near the car and my child said she was playing tag with other children at the same location. The boy is the owner of the scooter and was seen playing with it near the car at e time of damage. Since there is not physical or visual proof that my child was the cause of the damage, could i (as her parent) be held responsible for repairs, would the other parent be held responsible or neither?

There is nothing that prevents someone from suing someone else for any reason at all, even if the suit has no merit.

It sounds as if the neighbor's suit would have little merit. The fact that someone is in the same general vicinity of damage does not mean that person caused the damage. Without a reliable witness saying the scratches were made by your child or the other child, then the neighbor has nothing to connect them to the scratches on the car (or even proof that the scratches were not there before the children were on the scene).

Parents can be held responsible for the willful misconduct or negligence of their child(ren), however. See: California Civil Code Section 1714.1.