Legal Question in Civil Rights Law in Ohio

Child threw rock damaged car.

My son, 10 yrs old, and has ADHD was playing at another childs house, and was ''dared'' to throw a rock as they were hiding behind another car at this other childs home. My son threw the rock, and a car was passing by (it was not at the car) the damage is very minimal in fact it could not have been caused by ''that'' rock from where it is located at. (lower back quarter panel about 3 in from rear tire)Am I liable for this? Should the other parents be liable too? Thank you.


Asked on 3/15/04, 1:09 pm

2 Answers from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Child threw rock damaged car.

Doubtful that the other child or his parents would be held liable. Encouragement doesn't amount to liability.

Call me directly if you want. I'm in Lakewood.

Joe Jacobs 216-952-1990 / 216-227-0900

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Answered on 3/15/04, 1:21 pm
Regina Mullen Legal Data Services, PLC

Re: Child threw rock damaged car.

You're correct that the person has to prove that your son's rock did the damage,--however, even if he has attention-deficit, etc. that's no defense as far as liability is concerned. The problem is in proving the car damage, not capacity to know right from wrong. Even if the other boy egged him on, it's not a criminal offense, just a tort, at most. Again, I wouldn't spend time trying to cross-blame.

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Answered on 3/15/04, 2:18 pm


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