Legal Question in Civil Litigation in California

My 14 year old son hit another boy in the face after an argument and knocked out a permanent tooth and had to get a few stitches. My son is not the type to just hit someone and when asked,he broke down that this kid was threatening to harm and even "kill" him, so he got fed up and hit him. My son states that the other kid has told him clearly that he will get his older/gang member brother to hurt him. He have been having issues for 2 years with this boy and I have had a conversation with the principle before as the boys have had a mutual exchange of "words" more than once. However being that they both play on the football team together, it has gotten heated over the past weeks. My question is can I be held legally/financially responsible for the other boys bills? My son is being suspended for 3-5 days and will more than likely be removed from the school as he is on a permit from another school in the district. We are a low income family and this is effecting the entire family.


Asked on 10/23/13, 9:42 am

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

I'm afraid you can be. Unless your son was in imminent danger -- or at least seemed to be -- at the time of the fight, he had no right to hit the other boy. It sounds like he wasn't in that position. So unless there's more to the story, you're responsible for the medical bills up to a point. I'm not sure what that limit is offhand, but it is probably more than the bills for something like this.

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Answered on 10/23/13, 11:54 am
Terry A. Nelson Nelson & Lawless

Yes, parents are liable and responsible for the actions of their minor children. Whether they can successfully sue you and get a judgment depends upon all the facts and evidence. I suggest you try to 'reasonably' settle this to avoid litigation. And, teach the child how to behave and stay out of trouble to avoid legal problems in the future. He should also be concerned about them filing criminal charges for 'assault'.

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Answered on 10/23/13, 1:02 pm


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