Are we liable for an injury that our son caused if the “victim” was the instigator by his actions?
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Are we liable for an injury that our son caused if the “victim” was the instigator by his actions?
My son who is 17 was playing basketball when an 18 year old tripped him intentionally. My son ignored the trip and continued playing. On the next play, the same 18 year old tried to hit my son in the privates with the basketball. My son stood up for himself and and punched the kid in the mouth. The 18 year old needed 11 stitches. He is requesting through a lawyer that we pay the out of pocket expenses for the medical attention.
Asked on April 11, 2013 under Personal Injury, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, it is likely that you are liable:
1) The right to self-defense ends when the attack ends; if the ball hit your son in the privates but there was no continuing attack on him, the attack was then over--your son had no legal right to "stand up for himself" and hit the other player. (Arguably "morally" he was right to do it--but legally he was not.)
2) It would be difficult to prove that the ball in privates was a deliberate attack anyway, and not merely a clumsy or overly excited player losing control of the ball, and accidents do not give rise to a right to self defense.
By hitting the other player after the incident was over, when it may not be provably an attack anyway, your son--and therefore you, since he is a minor--most likely incurred liability.
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