Juvenile wrongfully accused of property damage

[not2cleverRed]

Its not unheard of Zig for one child in a group to choose not to participate in the idiocy that the rest are doing. There are some children that do understand the concept of cause and effect...LOL.

While that's possible - I was that sort of kid - I also knew kids growing up whose parents were snowed into believing their children were choir boys. Well, actually, the neighborhood choir boy (literally!) started rock throwing fights and set fires in the woods, but his parents always thought him innocent. (All the moms in my neighborhood were convinced their on children were angels, except mine - my mom was the only mom who could accept that her kids might get into mischief.)

OP has the issue of their child being considered financially responsible. Contacting their insurance is a good idea, but finding people to share the burden of the financial blame wouldn't be a bad idea either. I strongly suspect that the other 3 boys with mystery contact info either aren't that mysterious, or else ALL adults involved are completely irresponsible. There were 5 boys, it should be split 5 ways unless one of the boys demonstrably caused more damage than the others.

OP wants to get back by showing that the other parents were irresponsible about the BB gun. I think that's a less useful approach to the situation.

 

[quincy]

How do you do 5000 (and exactly 5000) bucks worth of damage to a car with a BB gun?

What kind of vehicle(s) is this, a what make and model and year.
EXACTLY what is the scope [te he] extent and exact nature of the damage?

Where are the estimates?

That's the avenue I'd take.

I'd be inclined to pell off like 800 in crisp hundreds and offer it with a lawyer drafted settlement offer.

ONE MORE THING:

Why were 4 juvenilles staying at this guys house? Please explain where was THE PLANTIFF's child - the obvious ringleader - or why they were there without a juvenille charge of the PLANTIFF (that's kinda creep and demands an explanation).

The homeowner is suing for OVER $5000, which takes the suit out of small claims.

If Virginia's son winds up having to pay (there is a cap on how much parents can be held responsible for), Virginia can always sue the other boys for their share of the damage.

 

[xylene]

ANOTHER thing. I'd want to know the exact details on what BB gun.

What model, manufature, how old it was, caliber, rated FPS, how it was stored (more than just unlocked)

Sometimes people call any air gun a BB gun - but there are differences. A pellet-only airgun gun is a much more dangerous air gun than an ordinary BB gun. Failing to lock and secure a pellet gun is even more negligent.

Learn a lot about air guns. Specifically and generally so you are and appear informed. Not all BB guns are the same and not all air guns are BB guns!

 

[Zigner]

There were 5 boys, it should be split 5 ways unless one of the boys demonstrably caused more damage than the others.

Actually - each of them are 100% liable for the full amount. The victim can choose to sue any or all of them. They don't have to chase down each one separately based on the proportion of damage done.


ETA: This is, of course, assuming that the children are found liable. As is being pointed out concurrently, that is not certain at this point.

 

[quincy]

The insurance company should be able to mount an effective defense (if they don't choose to settle the claim).

 

[Zigner]

The insurance company should be able to mount an effective defense (if they don't choose to settle the claim).

Absolutely...

 

[LdiJ]

While that's possible - I was that sort of kid - I also knew kids growing up whose parents were snowed into believing their children were choir boys. Well, actually, the neighborhood choir boy (literally!) started rock throwing fights and set fires in the woods, but his parents always thought him innocent. (All the moms in my neighborhood were convinced their on children were angels, except mine - my mom was the only mom who could accept that her kids might get into mischief.)

OP has the issue of their child being considered financially responsible. Contacting their insurance is a good idea, but finding people to share the burden of the financial blame wouldn't be a bad idea either. I strongly suspect that the other 3 boys with mystery contact info either aren't that mysterious, or else ALL adults involved are completely irresponsible. There were 5 boys, it should be split 5 ways unless one of the boys demonstrably caused more damage than the others.

OP wants to get back by showing that the other parents were irresponsible about the BB gun. I think that's a less useful approach to the situation.

I waffle on that one. The party who is claiming damage is the party that allowed the boys access to a loaded BB Gun...unsupervised no less. I think that might be a valid defense. The party claiming damage does not have clean hands. I think a comparative fault situation might result using that defense.

 

[quincy]

I waffle on that one. The party who is claiming damage is the party that allowed the boys access to a loaded BB Gun...unsupervised no less. I think that might be a valid defense. The party claiming damage does not have clean hands. I think a comparative fault situation might result using that defense.

Could you please cite the "comparative fault" law for Virginia? Thanks.

I suspect you will not have success finding it.

 

[Virginia123]

I can bogg you down with the details. My child was eating pizza in the house (his friends were playing with him immediately prior/Ate all of the pizza that had been cooked earlier before he could get a piece so he stayed behind to cook another one & eat it). The kids were allegedly shooting at a bottle & cans not having the common sense to know what would occur if they missed the target. (Hitting vehicles parked in the distance behind the targets....Thank goodness they didn’t hurt Each other). They then came back in the house where my son was still. They proceeded to play video games/Not aware that they possibly caused damage to anything. the stepfather came home in a rage shortly after, saying That they had shot one of his cars.
The damage that this gentleman is alleging is also questionable. He would not allow any of the adults/parents come to the home to view the damages. Its to several vehicles/dings in the paint. He had the vehicles painted/new windshields About anyone ever being able to see it or the situation being investigated.
(Him & This child’s mother are going through a separation and I feel that he is trying to get revenge but of course thats speculation).
His step son & wife (soon to be ex) have all of the kids contact info...don’t know why he is focusing on my son unless it’s because he is familiar with us/had brought him to our house in the past.

 

[Virginia123]

I was the only girl growing up & have a house full of sons....I am not naïve...im a former ER nurse & have seen/heard it all

 

[quincy]

I was the only girl growing up & have a house full of sons....I am not naïve...im a former ER nurse & have seen/heard it all

Your insurance company should be able to handle the lawsuit filed against your son.

I agree that there appears to be fault on the part of the parents "hosting" the boys' get together. There appears to have been a woeful lack of supervision.

Good luck.

 

[Zigner]

I can bogg you down with the details. My child was eating pizza in the house (his friends were playing with him immediately prior/Ate all of the pizza that had been cooked earlier before he could get a piece so he stayed behind to cook another one & eat it). The kids were allegedly shooting at a bottle & cans not having the common sense to know what would occur if they missed the target. (Hitting vehicles parked in the distance behind the targets....Thank goodness they didn’t hurt Each other). They then came back in the house where my son was still. They proceeded to play video games/Not aware that they possibly caused damage to anything. the stepfather came home in a rage shortly after, saying That they had shot one of his cars.
The damage that this gentleman is alleging is also questionable. He would not allow any of the adults/parents come to the home to view the damages. Its to several vehicles/dings in the paint. He had the vehicles painted/new windshields About anyone ever being able to see it or the situation being investigated.
(Him & This child’s mother are going through a separation and I feel that he is trying to get revenge but of course thats speculation).
His step son & wife (soon to be ex) have all of the kids contact info...don’t know why he is focusing on my son unless it’s because he is familiar with us/had brought him to our house in the past.

I'm surprised at the level of detail that you have about the incident, considering that you weren't there.

 

[quincy]

I'm surprised at the level of detail that you have about the incident, considering that you weren't there.

The son is no doubt filling in some blanks for his parents - perhaps drawing himself in the most attractive colors possible (as kids are wont to do, especially kids who are in trouble).

 

[Virginia123]

orrr it could be a mother of a child wrongfully accused of something, making sure she knows all of the details before moving forward with litigation or paying for a claim as she would rightfully do If her son was involved....way to stick up for justice

 

[quincy]

orrr it could be a mother of a child wrongfully accused of something, making sure she knows all of the details before moving forward with litigation or paying for a claim as she would rightfully do If her son was involved....way to stick up for justice

That is what your son's attorney will do, too.