Legal Question in Personal Injury in Texas
liability for medical bills resulting from playground injury
My 12 year old son was playing soccer at his summer day camp with, among others, a camp counselor and a 9 year old fellow camper. The counselor reported that my son (names have been changed) ''Joe'' was pushed by ''Jack'' during the game. ''Joe'' in turn pushed ''Jack'' back though, as stated by the counselor, ''Joe'' did not appear to intend to hurt ''Jack'' who fell down and as it turns out has a buckle fracture. The camp counselor stated that the fracture, in his opinion, was a result of how the child fell and not the force with which he was pushed. Incidentally, ''Jack'' was tended to by camp staff however insisted on continuing to play on the playground, swim and participate in the remainder of the camp's activities of the day. ''Jack's'' mother is now asking me to cover any out of pocket medical expenses for the treatment of the buckle fracture. I'd like to know what my responsibility is from a legel perspective. I think that if my son was not malicious and didn't intend for the injury to occur then I have no responsibility because of the risks inherent in participating willfully in an activity. Incidentally, my son didn't return to camp that week because of physical threats from ''Jack's'' older brother. Please advise.
1 Answer from Attorneys
Re: liability for medical bills resulting from playground injury
Whether your son intended to cause harm is not the issue here. If your son intentionally shoved the other child and the child was injured (as he was), then your child is responsible for the injury that resulted. It makes little difference that the injury was not one he intended. So, yes your son is liable for the injury that resulted. Perhaps you and the other child's mother can come to an agreement as to how to settle the matter. In the future, you want to be careful with this sort of thing. I understand that children will be children; however, suppose the child had sustained a much more serious injury, then what?
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