Legal Question in Civil Litigation in California
Approximately 1 year ago my 15 yr old son accidentally chipped the tooth of his friend's younger brother(8 yr old) while visiting their home and having a pillow fight. That same night I discussed the matter with the parent who advised she would be ok as she intended to use her friends dental insurance(fraud)to have his tooth fixed. 6 months go by and I run into the boys mother at the grocery store and she tells me the temp fix didn't hold and she got a quote for $1300 to fix it permanently. After consulting with friends and family I was advised that figure didn't sound right and I shouldn't be responsible.A couple of days ago I got a call from The Judge Judy show asking if I'd like to have my case heard on her show-the mother has apparently filed a small claims suit against me.What are your thoughts on liability.
2 Answers from Attorneys
Since you admit that your son caused the injury, I'd say you're liable. That doesn't mean the amount of your liability should be $1,300. I have no idea whether that's a fair amount or not. But if he other kid's mother shows up in court (or on Judge Judy) with documentation to support the quote, then she'll probably get what she's asking for unless you can demonstrate that the amount should be less.
The advantage to going on Judge Judy is that the show will pay the award. There will probably be some money left over for the two of you to split as well.
The disadvantage, though, is that people who appear on that show (or others of its ilk) often end up looking foolish on national television. There's a good chance your appearance will be available online far into the future. If Judge Judy really lays into you, you might never live it down. You should think seriously about that risk before you decide what to do.
I'm speaking! Sit down, I don't want to hear any more. If I were to dare answer a question with 0.01% of the imperiousness of Judge Scheindlin, LawGuru would extend my double-secret-probation for another five years. If only I could treat all the stupid, stupid people like that. Having some TV producer pay your judgment sure beats having to pay out of pocket or have your homeowners' insurance go up. We're through, step out.
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