What is child’s liability for accidentally injuring a friend in a game?

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What is child’s liability for accidentally injuring a friend in a game?

My son played beach ball with other kids. While kicking the ball, this other kid tried to catch it and the ball hit his finger. It resulted in a broken finger, 2 surgeries and loss of the boy’s soccer season. His father is coming after us to recover some of these expenses. It was not violence, kids were friends. What are the chances? I feel like I cannot let my kids play with other kids anymore

Asked on September 26, 2012 under Personal Injury, California

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

When an individual decides to participate in a sport, they are assuming the risk that they may be injured.   Potential injury is part of all sports and games.  Unless your child did something negligent or reckless during the game, your child and you as parents are not responsible for the fact that this other boy was injured in a game of beach ball.  Kids are going to be injured during their course of growing up, especially kids who participate in sports.  I am sorry this other child suffered this injury, but this is simply part of playing sports and from how you described the incident, your son was not behaving negligently or recklessly.  


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