Legal Question in Personal Injury in Georgia

Re: civil law suit

Anyone can claim anything in a lawsuit. However, if a suit were filed and you turned it over to your homeowners insurance carrier to defend, I would expect your defense lawyer to file a motion for summary judgment or motion to dismiss on the ground that a child under 13 cannot be held liable as a matter of law.

A suit against you as the parent would have to be based on negligent supervision or negligent entrustment of a dangerous instrumentality, such as weapons, motor vehicles, explosives, etc. I seriously doubt that you had any prior indication that your child would bite the other kid. And baby teeth are not generally considered dangerous instrumentalities.

If filed, this would be a frivolous lawsuit. A lot of little kids go through a biting stage, especially if bigger kids are picking on them.

I assume the parent who is complaining is a first time parent. In raising two kids to adulthood, I learned that occasional trips to the ER for stitches and minor fractures are just part of growing up. If there is not permanent harm, it's not worth getting upset about.

Re: civil law suit

Sure. But unless there was any injury, there would likely be no damages. If she did your homeowners insurance might cover you for defense costs.

Re: civil law suit

Well, remember that anyone can sue anyone else. Winning is another matter. Consult with a local attorney.