Legal Question in Family Law in Pennsylvania
My daughter was visiting my exhusband when he dropped her off at the community pool. While she was there, it started to rain and she slipped and fell on the diving board losing 4 front teeth. She was 14 at the time. She is now almost 18 and it is time for the implants to replace the lost teeth. After insurance, there will be a $2,000 balance that I cannot afford to pay. He refuses to contribute to this balance. Is he not responsible for this balance, especially since she was in his care at the time? She will be 18 when the procedure is completed.
1 Answer from Attorneys
It does not sound like he would be liable. However the community pool or rather the municipal entity may have liability if they did not properly maintain the diving board. However diving boards by there nature get wet and it may be akin to assuming the risk. In most cases when a minor is injured the statute of limitations would not start until she turns 18. There may be notice requirement to the municipality which if applicable may bar a claim. In any event this seems like a difficult case for liabilty. A more realistic way to go may be to file for a modficiation of the current support order however this may also not help much if your daughter has graduated high school as the support obligation would expire at age 18 or completion of high school which ever is later. You may want to discuss this with an attorney as there may be additional facts which may change the situation.
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