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A 3 year old boy tried to forcibly drown my 2 year old daughter.

Houston, TX |

At a birthday party, a 3 year old boy forced my 2 year old daughters head into a dirty pool of water submerging it for an unknown amount of time. She pushed herself up to scream and get my attention before he pushed her head back into the water. She gasped for air afterwards but seemed otherwise ok, aside from crying uncontrollably. The mother didn't notice the near drowning or me screaming at the boy telling him that he could have killed her but several other parents did. He screamed back "She needs to get down!" I am mortified, traumatized and in shock. I notified the day care that they both attend. Should I file a police report? File charges? The mother works at my company. Several parents told me afterwards that the boy is very aggressive.

Attorney Answers 3


Watch her to make sure she is ok. If she is ok, do not let her play around him without better supervision. If she seems to be injured, consult a personal injury attorney.

Timothy K. Hobbs II
Attorney at Law
Web: Hobbs Law Group

The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

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This is a very traumatic sounding experience that warrants further attention by the parents of the allegedly aggressive boy and his day care.

You can always fill out a police report but the decision to pursue charges is made by your county or district attorney on the recommendation of an investigating officer. In this case the aggressive child's age may discourage an investigating officer from recommending prosecution.

You may also bring a lawsuit against the aggressive boy on your daughter's behalf wherein you allege civil assault. Under Texas law it is highly unlikely that you will be able to sue the parents of the aggressive child because generally speaking minors are civilly responsible for their own torts. Since you did not indicate that your child had any medical injuries I doubt that a personal injury attorney will take your case on a contingency fee.

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A child under 10 cannot be prosecuted. The mother should have supervised her child better but nothing she did was criminal. You might talk to the day care and if this toddler Is having violent outburst someone might want to suggest to the mother to get her little boy in therapy.

Any communication through the Avvo site with Portner Bond, PLLC or any individual member of the firm does not establish an attorney-client relationship. Any information given by Portner Bond, PLLC or any individual member of the firm through the Avvo site is general information and should not be relied on as legal advice. Confidential or time-sensitive information should be conducted in person with an attorney.

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