Do I have a case

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Do I have a case

My son was at his friends house
playing on trampoline and his sister got
up there and started to spit on them so
he went to get out the way and his foot
got hung on it and he feel off broke his
elbow. She admitted to doing it and to
help pay but now will not.

Asked on June 12, 2017 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you do not have a case based on what you write. The law has a concept called "proximate cause" which basically means there must be a foreseeable causal link between an action and the consequence for there to be liability. But there is no foreseeable link between spitting at someone and their elbow breaking--the one does not logically or reasonably cause the other. Since the consequence was not foreseeable (something to logically guard against), there is no liability.


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