If my son was at school when another student grabbed his hand and broke 2 of his fingers, can I hold their parents liable for the injuries he received?

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If my son was at school when another student grabbed his hand and broke 2 of his fingers, can I hold their parents liable for the injuries he received?

Initially he said that he shut it in the door but then admitted that this girl broke it during a disagreement. However, it was an accident.

Asked on April 16, 2014 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It was intentional--which doesn't necessarily mean that she intended to "break" the fingers; all that is required is that intentionally did the act which resulted in them breaking nd which reasonably could or foreseeably could have broken fingers (e.g. slamming a door on his hand; grabbing his fingers/hand and pulling/twisting)--then her parents or legal guardian(s) are potentially liable for your family's out of pocket (unreimbursed or not paid by insurance) medical costs, and if your son endures any appreciable period of pain or disability, possibly some amount of "pain and suffering," too. Parents/guardians may be held liable for the intentional torts committed by their children.


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