Is my 3 year old son responsible for an accident that happened in the neighborhood?

Question

My 3 year old son was playing with a group of kids in the neighborhood. They were playing with plastic swords and he accidentally hit another child in the mouth, chipping his tooth. His parents obviously feel we're responsible to pay all dental and medical bills. I'm willing to pay some money, but wondering what we're legally obligated to do, if anything? Absolutely no malicious intent. This did not happen on our property, whether that matters or not. We do have homeowner's insurance.

Answer 1

Legal or not, I think the responsible thing to do would be to pay for the damage.  Hopefully the parents have dental coverage and you would just be paying a deductable.  If not it could get rather spendy.  Just think what you would feel if the reverse happened and it was your son in the dentist chair.  You would want the other party to cover the damages.

Answer 2

You may be found responsible for paying some on the bills but since it was a 3 year old and only playing the courts may rule that you aren't responsible at all.  They could however find the adult responsible that was suppose to be supervising such young children at fault for some of it.  It is really hard to say how the judge will rule and really depends on witness testimony and evidence in the case. I would either have an agreement wrote up stating a set amount you will pay them and see if they will sign it (have it notarized) if they will not sign and agreement then i would just have it go to court and see what happens.  If it was just an accident (I have two boys I know accidents happen) then there is no reason for your to have to pay all the bills and sounds more like they just want someone else to have to pay.  I know with having my boys and being around other children things happen.  My son had his tooth chipped too by another kid while they were wresting around but I didn't go after the parents because I know accidents happen.  

Answer 3

Seems to me, accidents happen.  Why does anyone need to be held responsible?  then we can say the person who gave a 3 year old the sword is responsible.  Kids have accidents.  Deal with it.  I think they should not expect anything from you.

Answer 4

the thing is --I usually stop the kids when they pick up swords, lightsabers and anything that can hurt another kid if they start to attack eachother. The only one they are allowed to fight is me--and I usually get pummeled LOL

Your son is only 3 therefore it's even more important to keep him safe--he has little control over the damage he can do---AND---he might get very hurt himself playing with things like that with other kids...not to mention it starts a tone that will carry over later....you think this is bad wait until you get sued when he's 10.

But all that aside--you are legally responsible...period.

Your son did it---and if he threw a ball through a window you would also be legally responsible--regardless of his age and regardless of the fact that others were also doing it.

You can try to fight this in court but you'll lose.

Answer 5

I personally think you should not be responsible for anything, accidents happen.  Both children were playing together they are equally responsible.  I think the parents would have to take you to court.  If it were my child that was injured in play, I would have him treated and send him out to play another day.  It's sad that things have come to the fact that kids can't play without involing lawyers.

Answer 6

I would like to point out 3 things.

1) Your son is only 3 years old. 3 year olds are not exactly the most careful of people. I'm assuming he's the youngest child in that group. You wouldn't leave a 3 year old unattended (and unsupervised), would you?

2) The entire group was sword fighting meaning there was an accident waiting to happen in the first place.

3) Where was the adult supervision? If there was any present, they probably wouldn't have been sword fighting because the adult would deem it unsafe. Because it happened on someone elses property, that particular property owner should be responsible for what happens on his/ her property.

In my opinion there are 3 parties responsible: you, the parent of the injured child, and of course the property owner.

Answer 7

Is this a baby tooth on the child that was injured?  It will just fall out with in the next few years!  Accidents happen with kids all the time!  My sister got a fishing hook stuck in her finger because the neighbor kick yank it out of her hand, but his parents didn't have to pay for the ER bill!  Why should you have to be responsible for anyone elses child???

Answer 8

Do the right thing.  If your child injured the other child, pay for the damages.  Your homeowners policy should cover it, but try not to use it if at all possible.  Insurance companies are famous for canceling policies for small claims.

Answer 9

The family would have to sue you in court, and provide witnesses to back their story, in order for you to be ordered to pay for the dental bills.  Why is their child not properly insured - that is the better question.  

Answer 10

As a parent you are at least moraly responsible. It would be the right thing to do. But do ask them if they have insurance to help out with.