Backyard football injury

[jccp12345]

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

My 12 year old son was playing backyard football with other boys 12 yrs and younger. He tackled a boy with the ball and broke his wrist. We are paying the medical bills. Now the parents say my son is a bully in the community and intentionally harmed his boy. Claiming family emotional distress. My son has never met the boy prior to this incident and didn't intentionally hurt the boy. Would the parents have a case or are they just opportunists looking for money out of an accidental game of backyard football?

 

[Just Blue]

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

My 12 year old son was playing backyard football with other boys 12 yrs and younger. He tackled a boy with the ball and broke his wrist. We are paying the medical bills. Now the parents say my son is a bully in the community and intentionally harmed his boy. Claiming family emotional distress. My son has never met the boy prior to this incident and didn't intentionally hurt the boy. Would the parents have a case or are they just opportunists looking for money out of an accidental game of backyard football?

Did this happen at your home? How old was the boy who was injured?

 

[adjusterjack]

Would the parents have a case or are they just opportunists looking for money out of an accidental game of backyard football?

Sure, they could have a case, depending on what they can prove.

And Tennessee law can hold the parents responsible up to $10,000.

See:

https://law.justia.com/codes/tennessee/2016/title-37/chapter-10/part-1/

You and your son need to stop talking to the other other boy and his parents. Report this to your homeowner or renters insurance company RIGHT NOW and let the professionals handle it. This is not something you want to mess with on your own. This is why you pay for insurance.

Doesn't matter whether this happened at your home or someplace else.

What matters is that your son is being blamed (rightly or not) and there is a substantial financial risk to you. Your son could very likely have a defense and your insurance company is in the best position to find it.

Your policy papers should have a toll free claim reporting phone number direct to your insurance company. Use it.

 

[latigo]

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

My 12 year old son was playing backyard football with other boys 12 yrs and younger. He tackled a boy with the ball and broke his wrist. We are paying the medical bills. Now the parents say my son is a bully in the community and intentionally harmed his boy. Claiming family emotional distress. My son has never met the boy prior to this incident and didn't intentionally hurt the boy. Would the parents have a case or are they just opportunists looking for money out of an accidental game of backyard football?

Notify your liability insurance carrier and cease all communications between you and your family and the neighbor and his family. And that means ALL communications! Also stop paying any care providers for the injured boy.

In order to hold you as parent or parents liable requires compelling evidence that your son either intentionally intended to harm the child or that his conduct was wrongful and motivated by mischievous intentions.

As far as the defense of assumption of risk I can't say whether that axiom of the law of negligence applies to a minor in the state of Tennessee. But if the injured child and your son are of somewhere comparable in age and size and the former willing participated in the rough ad tumble game, I would think that it would be considered in assessing liability. Also the legality of the playful conduct would be an element of defense.

But don't be concerned about this alleged "bullying". It might fly out of the neighbor's avaricious mouth, but it won't get off the ground in the courtroom!