Legal Question in Personal Injury in New Jersey

Children playing at school, one injured and suing

Three elementary aged children playing or fooling around at school. One child is injured. That child is now suing the other two children stating 'malicious/intentional' act. Are the parents of the the other two children legally responsible for the third child's injuries incurred during this horsing around. It was in no way malicious or intentional, purely accidental. If there is responsiblity, shouldn't it be shared by all three involved since they all engaged in this horse play.


Asked on 6/03/04, 8:26 am

1 Answer from Attorneys
John Ducey Law Offices of John G. Ducey, PC

Re: Children playing at school, one injured and suing

You made one of the arguments that would be made after suit is filed. There is also an argument that the school assumes the place of the parents while the children are at the school. There is no way to avoid being sued by someone but you would have viable defenses to such a suit. I have defended similar suits to yours, if you would like to discuss this matter further, please call me at 732-286-2170.

John

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Answered on 6/03/04, 9:41 am


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