Am I at fault if my son fell off his skateboard and the skateboard caused an accident with a bicycle?
Question Details: My son fell of his skateboard at the top of a hill in a gated cummunity. The skateboard went under the gate and in front of a bicycle. The cyclist swerved to miss the skateboard and fell over causing some minor injuries. Although they told him it was an accident an not to worry about it, we have just been contacted by their lawyer. Is my son at fault?
Personal Injury Law Answers
I doubt that there's liability here. First, I don't see a strong case of negligence against your son. Having the skateboard go under the gate was something of a fluke, and negligence has to be proved. Second, it's also unlikely that anyone could prove that you were negligent in supervising your son's use of the skateboard, which is usually what is necessary to make a parent liable for their child's negligence.
If you have homeowners' insurance, you should report this incident in writing to the company or to your insurance agent, including the lawyer's contact information, because you might have coverage.
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