What are our rights if my 8 year old son was molested by his 16 year old male cousin?

UPDATED: Apr 26, 2012

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What are our rights if my 8 year old son was molested by his 16 year old male cousin?

It was at a family barbeque at my son’s father’s house. I filed a criminal complaint but no charges were filed due to the 16 year old already being in juvenile hall for molesting another child. His parents were aware of his behavior yet they still left him unsupervised with other children. Can I sue them for my sons medical bills? His therapy is costing me $300 a month. I have no insurance. Shouldn’t they be responsible for there son actions and be financially responsible for my son’s therapy?

Asked on April 26, 2012 under Personal Injury, California


Madan Ahluwalia / Ahluwalia Law P. C.

Answered 10 years ago | Contributor

In California, parents can be vicariously held civilly liable for the willfull misconduct of their children, under both common law and statutory law, although statutory law has a cap of $25,000 in recovery.  From your question, looks like you have tort causes of action for assault and battery. You should consult an attorney to figure out how to proceed.  Best of luck!

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