Legal Question in Consumer Law in Wisconsin

Medical bills

My son sprayed a lysol on another child after the child threatened to spray him at school. The parent of the other child took the child to the emergency room and are now telling me to pay the medical bills. This happened at school where there was not teacher present. My son sprayed the lysol on the other child shirt. Am I responsible for paying the medical bills?


Asked on 1/20/09, 9:31 am

1 Answer from Attorneys

Matthew MacKelly Attorney at Law

Re: Medical bills

Technically, I cannot give legal advice over the Internet, but whether you have responsibility depends on many factors. Since the children were at school (without the benefit of some fact-specific research), I would think it's more likely than not that you are not responsible. Just in case, you would want to contact your homeowners insurance company to see if it covers such an incident.

Regardless of the above, this is more likely to be the school's responsibility and the school's liability insurance company needs to be contacted, whether it be by the other parents or you. One or both sets of parents also should have made an incident report to the school. If that hasn't been done, it needs to be.

Without knowing anything about the school or the ages of the children involved, these can be difficult question. If this is in a day care, pre-school, or kindergarten type of setting, it may be that the could be liable for negligent supervision. In other words, arguably, if the children were properly supervised, then the accident likely would not have happened. If this is the case, it might be good to approach the other parents and discuss this with them -- that might be an issue both of you can agree on. Then, it would be the two sets of parents versus the school. That might help to resolve this.

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Answered on 1/20/09, 10:14 am


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