Legal Question in Personal Injury in Texas

In Texas. Recently, a grandma came to my house with her 3-year-old grandkid and asked my mom to do a haircut for her. They had the haircut in the garage. My car was in the garage. During the haircut, the grandma noticed that the kid was scratching my car and stopped the kid by saying "No! No!" The kid stopped and moved to the other side where was out of sight of the two adults. The haircut continued. About 10 minutes later, the grandma said to my mom "let me see what the kid is doing at the other side." She walked over first. When my mom walked over, my mom saw scratches on the door and the grandma was wiping the scratches. The grandma told my mom that the scratches were from a pen and can be wiped off. My mom asked me out to see the damage. I asked the grandma to show me the �pen� and found out it was a larva rock. The cost estimate was $1800 from body shop. Our insurance can cover it but there is $500 deductible. Our insurance asked for the kid�s parent�s insurance info. The kid�s parents refused to give us their insurance info by saying that they were not there and the 3-year-old kid didn�t have insurance. They also refused to pay the $500 deductible. They claimed that since there were two adults in the garage, why didn�t the two adults stop the kid from making more scratches. The grandma later on claimed she didn't see anything.

Who is responsible on supervising the kid in the garage, the grandma or my mom? Are the kid�s parents financial responsible for the damage?

If we go to small claims court, how likely we are going to win? Who should we sue, the kid�s parents and the grandma?


Asked on 3/24/10, 9:38 am

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

u should win...and people have insurance on home or auto to pay..but when they lie, hide when the come calling...now you have a fight...

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Answered on 3/29/10, 9:44 am


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