My son was injured by another child. Are the parents of the other child responsible for medical bills resultant of the injury?

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My son was injured by another child. Are the parents of the other child responsible for medical bills resultant of the injury?

The incident occurred at my parents’ home. My son 7 was swimming w/a neighbor child 11. The other child came up behind my son, who was at the side of the pool, and hit him on the head hard enough that my son’s face hit the side of the pool and his permanent front tooth broke off. Due to his age, the dentist glued the tooth back on, but it is only a temporary fix until he’s old enough for a permanent fix. The potential that the tooth will not develop properly is significant and the chances of it breaking off again are inevitable. Root damage is a possibility. The parents of the boy paid the initial bill, but are now refusing to pay any future bills resulting from this injury. Are they liable?

Asked on August 3, 2017 under Personal Injury, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The parents of the culprit are liable for your son's injuries whether the act was negligent or intentional. The parents are liable for the dental bills and pain and suffering which is an amount in addition to the dental bills. As an intentional act, you can also seek punitive damages which are a substantial amount to punish the wrongdoer. The culprit can be charged with assault and battery.  Assault and battery are both civil and criminal.  The civil (lawsuit) and criminal cases proceed independently of each other.


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