Legal Question in Personal Injury in New Jersey
Child injury/parental liability
My daughter and two other first grade girls are on a playdate at one of the other girls' houses. During playful wrestling my daughter picks up one of the girls, who was apparently kicked by the other girl (whose house the playdate was at). Although there was no apparent injury (i.e., they continued playing, no crying, did not seek out any adult in the house, were happy at the conclusion of the playdate), the parent of the ''kicked'' girl threatens to sue us over ''internal injuries'' which are not apparent (i.e., the girl has missed no school, no birthday parties, etc., and continues to want to befriend my daughter), 'though she has taken her to a doctor a few times. None of the girls (they are only 6-7 years old) has any history of any violence or bullying. While I would in fact feel bad if this girl were truly hurt, is there any liability for us to be concerned about given these circumstances and this occurrence at someone else--name removed--house?
1 Answer from Attorneys
Re: Child injury/parental liability
Not likely. It seems the problem is with the other home owner, since it happened there and there may not have been adult supervision of the children. Whomever was in charge had a duty to see to it that no children were hurt or likely to be hurt.
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