Legal Question in Insurance Law in Georgia

Public school parking lot

My son, six yrs. old, was on lunch break outside at his school with several other kids. A student claims that my son threw a rock at a parked car and cracked the windshiled of this vehicle. I have received a phone call from the principal saying that the windshield will cost me $220 to replace. I have yet to see any legal documents stating that my son has cracked this windshield. My question, who is liable to fix this windshield when there is no proof that my son has damaged this windshield?


Asked on 12/28/07, 10:26 am

2 Answers from Attorneys
Paula McGill Attorney at Law

Re: Public school parking lot

First, there won't be any legal documents that the principal can produce on his own.

Nevertheless, you have several things to consider. Has the principal threatened your son with some type of disciplinary action if you do not pay? Even if a threat is looming, you should be able to challenge this if this is a public school. For private schools, they have their own contracts with parents that establish disciplinary procedures.

As far as payment of the windshield, the principal is not the law and cannot force you to pay for the windshield. If you don't want to pay, the car owner (not the principal) can sue you. At that point, he or she will have to produce proof that your son damaged the windshield and that you should be held liable for that damage.

If you son damaged the windshield, it may be worth it for you just to pay rather than take time off from work or from other duties to sit in court where you may lose anyway. However, you have to balance those two things.

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Answered on 12/28/07, 10:47 am
Paula McGill Attorney at Law

Re: Public school parking lot

First, there won't be any legal documents that the principal can produce on his own.

Nevertheless, you have several things to consider. Has the principal threatened your son with some type of disciplinary action if you do not pay? Even if a threat is looming, you should be able to challenge this if this is a public school. For private schools, they have their own contracts with parents that establish disciplinary procedures.

As far as payment of the windshield, the principal is not the law and cannot force you to pay for the windshield. If you don't want to pay, the car owner (not the principal) can sue you. At that point, he or she will have to produce proof that your son damaged the windshield and that you should be held liable for that damage.

If you son damaged the windshield, it may be worth it for you just to pay rather than take time off from work or from other duties to sit in court where you may lose anyway. However, you have to balance those two things.

Read more
Answered on 12/28/07, 10:47 am


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