Legal Question in Personal Injury in Florida

Legal Responsibilities in Children Playing

My daughter(10) and her best friend were ''goofing off'' after school. Her friend had a plactic water bottle in his mouth and she hit it. Monday morning I got a call from school about the incident. I called the parent and he said he needed a magnifying glass to see it, but his tooth was chipped. He took him to the dentist today. He sent a proposal for todays visit home with my daughter ($285 for todays visit, and they did fill it). He also sent paperwork for the rest of the treatment which will be needed for the next 3-5 years. This treatment covers wear and tear of the filling. What are we responsible for? I would be happy to pay for the treatment today, but don't feel responsible for the rest since this was an accident, not intentional. Thank you


Asked on 4/07/04, 6:59 pm

3 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Legal Responsibilities in Children Playing

Your offer to cover the cost of the initial treatment seems reasonable, but you may want to get the parents of the injured child to sign a settlement agreement and general release that confirms that in exchange for the payment you are making that any and all claims relating to the incident are forever waived. The settlement agreement should also state, among other things, that you are not admitting liability but merely entering into the arrangement to end any possible dispute relating to the incident. If you need the services of an attorney to draft a settlement agreement and general release that will fully protect your interests, please call my office. If a formal claim is made, report the claim to your homeowner's insurance carrier.

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Answered on 5/04/04, 5:47 pm
David Slater David P. Slater, Esq.

Re: Legal Responsibilities in Children Playing

I see no liability on you however, I think your offer to pay for the initial treatment is fair.

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Answered on 4/08/04, 8:27 am
Michael Tobin Michael M. Tobin, P.A.

Re: Legal Responsibilities in Children Playing

You should noify your homeowners insurance company if you want tham to handle the case. Otherwise your offer does seem morally fair.

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Answered on 4/08/04, 11:01 am


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