Legal Question in Civil Litigation in California
Son through a ball of dirt while playing, hit womens arm,she's suing now for her
Playing with a friend, my 10 yr. old son threw a ball of dirt and hit a woman in the shoulder. She went to the emergency room and came back with a diagnosis of tendinitis-bursitis or an injury to her rotary cuff tendon. I told her I needed a Dr's statement as it is highly unlikely that a ball of dirt would cause those types of problems, she has refused to provide one to me. She served me and is now suing for 1400.00 (although she didn't serve me as joint with my son). How strong is her case and doesn't she have to sue my son along with me? Court 03/22/2001 8am
1 Answer from Attorneys
Re: Son through a ball of dirt while playing, hit womens arm,she's suing now for
Parents and legal guardians are responsible for the damages caused by their minor children, so the plaintiff is on solid ground suing you instead of your son. However, she will have to prove her damages. This means not only that she will have to prove she has $1,400.00 in medical expenses, but also that the bill is for injuries your son caused.
I agree that a "ball of dirt" wouldn't usually cause such an injury, but dirt can contain rocks, etc., so such an injury is plausible. Further, it may be that this particular woman was unusually susceptible to such an injury. Even if that is the case, though, it is your problem to deal with. If she can prove that your son caused these injuries -- even if most people would not have been injured nearly as much -- then she can recover all the medical bills she reasonably incurred as a result.
It seems this response will arrive too late to help you (the LawGuru people sometimes get backed up, and your message took more than two months to reach me; then again, you only submitted the question the day before your 8:00 a.m. court appearance, so it wouldn't be fair to blame the site), but maybe my answer will help others who see your question here in the future.