Threatened with assault charges and possible law suit, how do we proceed?

Our teenage son was with other friends. They were all tickling each other’s ear with a glow stick. One boy tickled my son’s ear. When my son tickled this boys ear back, the boy turned his head the glow stick went into his ear. The boy’s father came to our house the next morning threatening charges. He says his son woke up with a bloody ear they took him to the emergency room.

Asked on September 30, 2017 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Don't say anything to anyone about it. Anything you or your son say could be used against him potentially: for example, what you think is a reasonable apology could, depending on how it is phrased, be taken as an admission of fault or responsibility. This includes preventing your son from texting anyone about it (texts can be forwarded, printed out for future reference, etc.) or posting on social media about this. You can't control if the father wants to try to sue (e.g. for any out-of-pocket medical costs) or press charges--all you can do is avoid saying or doing anything to escalate the situation and avoid admitting, even unintentionally, fault.


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