Who is the responsible party?

[JH22000]

California- I had a party Saturday night. I live on a Cul de Sac. My children, neighbor's children, and guests children were outside playing. One of my guest's child got on a neighbor's son's bike and crashed into their oldest son's car. The parent of the child who ran into the car is not willing to pay for the damage. His stories/defenses/excuses have changed several times over the course of the last couple of days. He is now (days later) claiming that his son is injured. I work with this person and just recorded a conversation he had with me in my office of him saying if they press him to pay for it- he'll take his son to the hospital and sue them. If the son is hurt (really) why wouldn't he just take him. He's trying to get out of paying and truly believes the child is not responsible. I think the child is 8 years old.

 

[ecmst12]

As the owner of the bike, you may have a VERY VERY TINY bit of liability. The majority of the fault lies with whoever was responsible for supervising the kid - usually the kid's parents. He can sue whoever he wants, but he won't get anything.

 

[JH22000]

thanks!

Thanks for the info. I figured the owner may have some level of responsibility but the owner is 7. I forgot to mention that the child was back on the same bike immediately afterwards and I had to tell the parents to get their kid off the bike. They said something several times but the kid didn't listen, until the bike owner's parents finally said, "get off the bike now." The parents of the child that damaged the car, were inside drinking and ended up leaving their other child to stay at my house with my kids for the night.

 

[ecmst12]

I'm sorry, I thought it was YOUR kid's bike. In that case, you have no liability at all.

The owner of the car can reasonably pursue the parents of the bike-rider and the bike-owner for payment. If the bike-rider is injured, he has no one to blame but himself.

 

[VeronicaLodge]

i think the owner of the bike and the owner of the car is the same family