What recourse or rights do I have as a parent if my daughter suffered an eye injury because someone threw a bottle that shattered and the pieces hit her?

She was standing next to a tree and her friend threw a bottle at it but the bottle shattered and a piece flew into my daughter’s eye causing the injury. It required surgery and 13 stitches.

Asked on December 6, 2015 under Personal Injury, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the friend's parents or legal guardians for the economic losses you and your daughter suffered--such as the out-of-pocket (not paid by insurance) medical costs, your last wages, etc.--and *possibly*, if there will long lasting or permanent scarring or other disfigurement/disability, some amount for "pain and suffering." A minor's legal guardians/parents are liable for the injuries that he and she cause either intentionally or through negligence, which is unreasonable carelessness--and throwing a glass bottle at someone would seem to be, at a minimum,  negligent.


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