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10 year old pushes 10 year old - broken arm

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Wendz

Guest
My ten year old son pushed a 10 year old boy off his bike. The boy broke his arm. The parents called the police but we were not here (we were away on vacation)he has not been charged and we never spoke to the ploice. Then they sent us a registered letter demanding monetary compensation or they will take legal action against us.
Are the parents accountable for this, and what can happen to a ten year old boy?
Thank you,
Wendy Bower
 


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prairielaw3

Guest
It will depend on state law, some state's do hold parent's liable for actions of minors-particularly if there is a failure to supervise. Talk to an attorney and inform your homeowner's insurance. It questionable whether homeowners would cover if it considered an intentional act (as many have an intentinal act exclusion) but with creative lawyering it might possibly cover. Good luck.

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George H. Senteney
Prairielaw.com
"More people helping people with the law than anywhere."
 
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Wendz

Guest
Thanks for answering so quickly.
I guess I should have said I am in Ontario, Canada, but I would assume each province may have it's own laws just like your states.
I do have a call into a local attorney but I did not think of my homeowner's ins. because it did not happen on my property but in a public place and also, unfortunately, it was intentional.
But here, we don't pay medical expenses, so we're talking a small amount of money (parking & mileage). Would this guy, short of being a real jerk, take us to court for perhaps $100.00 CND??
Sounds to me like this guy is out to just get money (and maybe more money down the road) but, we have other reasonable ways to resolve this with proper discipline & consequences. We're practically neighbors.
How ridiculous!
Thanks again. I'll anxiously await the call from our local attorney.
Sincerely,
Wendy
 
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hawaiianmark

Guest
wendy, dont be surprised if the "neighbor" ends up being a jerk!...Depending on the laws in your province(?) you may be liable for the actions of your child, I am finding that out the hard way...make sure you understand the idea that you owed the jerk no DUTY, reason being that you hopefully are a concerned and responsible parent who would be normally raising your child along the accepted norms of behavoir...Hope your legal advisor knows the 4 things necessary to prove negligence, and that you only have to disprove 1 of those 4... Aloha and best of luck ...
 

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