Legal Question in Personal Injury in California

My son (age 10 at time of incident) was shot by a friend (also 10yrs) with a b.b. gun. It hit his front tooth, chipped off about a quarter-inch, and after taking him to an emergency dentist, found out that it was shattered in a way that it was still together, but very weak...although it may heal to a certain point because it was only partially grown-out.

(My son has had dental issues with his teeth not coming out because when he was a baby, he had a 'third' tooth which he had to have removed, causing the gums to 'harden' and had to have the gums 'cut' for his permanent to come-out.)

I am trying hard not to make this too long...

My son, needless to say was very upset and worried, crying and after going to the dentist found out more of what happened. The mother of the boy who shot my son, didn't say much more than it was an accident. She dropped him off at around 7:30 am, we were so frantic, and she had left her son at home, my husband asked her to leave. He was at a sleep-over.

While I was waiting for the emergency dentist to call back, I was looking on their website, and it said that if there is a chipped or loss tooth, it is best to find it... I call Jennifer and asked if I could come over to look for any chips or piece of tooth. I go over and we are looking, and them she tells me..." I don't want to add fuel to the fire, but Chase was razzing Cody". And of course, I asked her what she meant by that, and then she tells me that Chase just wouldn't stop calling Cody names..They were playing an X-box game. I told her that whenever they don't get along or one is ready to go/come home she knew to call, Cody has been over-night numerous times, and I know when they get bored or have had enough time together. And she just kept saying things like she knows how teasing could make a child angry, and I was just horrified. I just left.

After the dentist on call was done, she asked my son what happened and my son said that Cody, his friend just shot him for no reason...the dentist advised me to report to the police because anything involving a gun should be, especially at that age.

This happened on Saturday morning, she never contacted me about how my son was doing or anything....On Monday, Chase, my son, said that at school Cody ignored him and wouldn't talk to him and even some of their mutual friends.

So, we decided to call and report to the police as an incident just to have record of it.

And when an officer came to speak to us, he spoke to Chase and found out even more. Chase told the officer that they were playing a game, and Cody was 'cheating' and so,he called him a 'screen-stealer', Cody was getting mad, then left the game, went outside (to get the gun), came back in and sat down behind him. Jennifer was talking and so, Chase turns around and that is when Cody shot him from about 4 to 5 feet away with a b.b. gun rifle.

The officer said that we would be contacted by a detective after they speak to them.

We were contacted, and made to feel that this was really 'no big deal'.

The detective asked us if we were just worried about dental expenses, and of course that was part of it. We have dental coverage, but only very minimal.

He said he would contact her and we should be contacted by her insurance company.

This never happened. Since then, we have left numerous messages with the detective and he has never replied.

This happened at the end of May of 2009.

The dentist has told us that there is some damage to the nerve, but at this point he can't say if it will get worst, or may or may not...

We feel that she should be liable, but is it too late now?

Thank you,

Kumiko Hulsey

2 Answers from Attorneys

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