My daughters tooth was broken at school by another classmate who should pay the bill?

UPDATED: Oct 2, 2022

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My daughters tooth was broken at school by another classmate who should pay the bill?

My child was walking to the bus at the end of
the school day and one of her friends hit her
on accident with a water bottle breaking my
child’s front tooth in half. Who is
responsible for the bill?

Asked on September 27, 2019 under Personal Injury, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If it was the sort of accident you describe, you are, unfortunately.
1) The child's parents/guardians are not liable because there was no legal fault. There is fault only if the person was negligent, or unreasonably careless: less careful than a reasonable person of his/her age should be. But what you describe does not sound like the child was being unreasonably careless for/as a child; accidents do happen, and when the the other person was not doing anything wrong, they are not at fault.
2) The school district would only be liable if they were being unreasonably careless in how they supervised the students, but that does not appear to be the case: there does not seem to be any amount of reasonable supervision that would have stopped or prevented this.

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 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.

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