What to do if my 7 year old son and 5 other children were playing a game on the trampoline at my cottage and he injured one of them by accident?

The game was to push the other kids on the outside of the net off the trampoline (unfortunately we were busy packing up to go home and no adult witnessed this game, which would have ended immediately). Unfortunately, my son pushed my friend’s 7 year old off the trampoline and when he fell he fractured his wrist (we only found this out later in the evening when his parents took him to the hospital). The mother of the injured boy (my friend) was livid because she did not think my son showed remorse or even apologize (which he did). I am afraid she will try to sue me? All the children admitted this was a game they were all “in on”

Asked on July 19, 2014 under Personal Injury, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is possible that you would be liable for his injuries under one or both of the following theories:

1) Your son committed an intentional tort--he deliberately pushed the other boy; this would be offset by the other boy's role in agreeing to play this dangerous game, but it's not a given that the other boy's participation will provide a defense.

2) Seven-year olds probably should *not* be allowed to play, in fairly large numbers (6 children) on a trampoline without adult supervision; you may be liable for "negligent supervision" in not doing what a reasonable parent would have done under that situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.