Legal Question in Criminal Law in California

Pellet Gun Injury

The incident happened on October 2, 2005 in Crescent City, CA which is in Del Norte County. My 17 year old son was at his friends house and apparently they were both having a pellet gun fight with BB's. They were both shooting at each other and my son shot a BB into his friends lower leg, above his ankle.

The boys parents took him to the emergency room and were told that the BB was lodged against his bone. They were told to watch it for a few days and it might come out by itself. They were told that there was a possibility that it would need to be surgically removed by a specialist.

The parents of the boy came over to our house and told us about the incident. They also informed me that I would be responsible for all the bills. About five days later he was taken into surgery and apparently the BB penetrated tendons that had to be repaired. Now I'm being harrassed to pay medical bills and lodging for their trip to the hospital. (We live in a rural community. The closest hospital that can do that particular surgery is 90 minutes away).

My question is, am I the only one that should be reponsible here? I feel like they should of been supervising the kids and should not have allowed them to play with pellet guns in the first place.


Asked on 10/09/05, 1:06 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Pellet Gun Injury

I'm not sure I agree with Mr. Torrey, and I would need more facts before I could offer any firm conclusions. Here are some general points that may help you understand your rights.

1. In general, parents are civilly (but not criminally) liable for their minor children's wrongful conduct.

2. If your son committed a civil tort it most likely would have been battery, which is defined as an intentional, non-consensual contact (either direct or indirect) which causes an injury.

3. The other boy's conduct may imply that your son had consent to shoot the gun at him, but you didn't reveal the age of the other boy and it may be that he was too young to legally consent to such actions.

4. If you are liable, your liability will be for not only the costs of the boy's treatment and rehab but also for his pain and suffering, as well as his emotional distress (but probably not his parents') and any other reasonably foreseeable costs his family incurs. Their travel and lodging costs would fall within this category, as would any lost income they can prove.

5. If you have liability insurance (which is generally part of any homeonwener's or renter's policy) the insurer may defend and indemnify you. It is critically important that you notify your insurer at one about this claim and cooperate with it in its investigation, otherwise it may deny your claim.

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Answered on 10/09/05, 8:01 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Pellet Gun Injury

this is more of a civil law matter, even though it does have possible criminal implications per se. but, from the facts given, it appears you/your son are being sued rather than prosecuted. in this civil scenario, both minors share equal responsibility for what ultimately happened. this is a valid defense for you, as well as the the lack of proper supervision argument you raise. your best bet might be to try to quickly settle this matter with the parents of the injured minor. if you would like assistance in this area, contact us today.

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Answered on 10/09/05, 1:56 pm


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