Legal Question in Personal Injury in Florida

Liability for child hurt by another child

My 7 year daughter's two front teeth were chipped after soccer practice by a team mate. According to my daughter, the other child elbowed her under the chin while she was playing with another girl. The other kids father says his son said they were playing when my daughter accidently ran into his elbow; so it is a classic ''he says, she says''. I took my daughter to the dentist, who was able to tell she was hit in the chin. The dentist took x-rays to determine the extent of the damage. Luckily, it appears as though there will be no long term affects. The dentist also ground down the two chipped teeth to keep them from cutting my daughters tongue. Our insurance covered all but $50 of the bill. When I spoke to the other kids father, he told me he didn't feel he should reimburse me, because the kids were playing, and it was an accident. I don't believe that is the case, I believe his son elbowed my daughter while she was playing with someone else. Am I not entitled to the $50 we paid out of pocket?


Asked on 4/29/07, 4:48 pm

2 Answers from Attorneys
Jacob Lieberman Lieberman Law Company

Re: Liability for child hurt by another child

YOu can always sue, but again a recovery looks hard based on the lack of being able to prove the case and the fact that its such a small claim.

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Answered on 4/29/07, 7:10 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Liability for child hurt by another child

No. You are right. He said she said. There are assumption of the risk defenses that apply. Only in the rarest of circumstances can you prove a case for compensation in an athletic event injury. Parent probably isn't liable in any event.

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Answered on 4/29/07, 7:11 pm


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