Legal Question in Personal Injury in Colorado
Liability for a child's injury incurred at school
My son who is 9 was playing with some other boys after school, in the school. One of the boys was hit by my son's backpack, tripped and fell and required medical care. He tripped and hit his head on a piano and it required 7 stitches. Does the injured party's Dad have any legal ground to make me help pay for the medical treatment? He has asked for a claim on my homeowner's insurance.
1 Answer from Attorneys
Re: Liability for a child's injury incurred at school
You write that your son was "playing" and that this injured child "was hit by my son's backpack" and that the resulting fall required seven stitches in the boy's head.
If the boy accidentally ran into your son's backpack, that's a curious way to put it. But, if so, he has no claim on you.
However, I'm guessing that you don't mean to say that some other boy hit the child with the backpack, or that the backpack was one of those they'll be writing a horror movie about. That narrows it down to your son hit the other kid with the backpack.
You ask a legal question which begs another type of question: what does it mean to take responsibility for an accident that results in harm to a young child?
I don't think the dad has a claim on your homeowner's insurance. He may have a claim on your soul.