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Can I sue the parents of a ten year old parents civilly for lifelong damages on a three year old due to his actions.

North Highlands, CA |

The ten year old was investigated and found guilty of molestation on a three year old. The three year old has been diagnosed and is seen regularly by a therapist. The ten year old has had no help and parent refuses to take any responsibility and continues to place other children in danger, Due to his age not able to file criminal charges. Can I sue to make sure my daughter gets what she deserves?

Attorney Answers 6

Posted

There is far too much to risk in trying to do this on your own. Many attorneys will take such a case on a contingency. Find one to help your daughter. Use the find a lawyer link above.

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Posted

"Can" you sue...sure. It seems what you are really asking is whether you can recover. You should hire a personal injury attorney to represent your daughter. The actions of the 10 year old might be deemed to be an "intentional tort," and insurance policies (such as a homeowner's insurance policy) generally do not provide coverage for injuries caused by an intentional tort. Your daughter's attorney would need to explore a cause of action against the parents for negligent supervision, which might be covered by insurance. Of course, if the parents of the 10 year old did not carry a homeowner's insurance policy, do not own a home, don't own any assets and don't have the financial means to pay a judgment.....then your daughter might be able to obtain a judgment against them, but might not be able to recover any money if the parents are financially judgment proof.

You don't mention where the molestation took place. Was it at the 10 year old's home or yours? Or did it take place at a school or other facility where others might have been responsible for supervising the 10 year old and also responsible for looking out for the welfare of your daughter? If it's the latter, your daughter might have a cause of action against the school/facility, which hopefully would be insured.

You should submit an aplication on behalf of your daughter to the The California Victim Compensation Program (CalVCP). That program provides compensation for victims of violent crime who are injured or threatened with injury. Info and applications can be obtained on line.

***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

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1 comment

Robert Andrew Michael Burns

Robert Andrew Michael Burns

Posted

Excellent response!

Posted

Yes, but it's very important that it gets handled the correct way. Contact local and qualified counsel. I hope your daughter gets ell soon.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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Posted

Get a local injury lawyer. There are many details that must be looked at to determine the viability of such a case, and whether there is any reasonable chance of collecting a judgment or settlement.

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Posted

The obvious ultimate solution is for you to move away. If you want to live there, a law suit breaking some other family's back may not give you any peace of mind, nor huge pay day.

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Posted

You could sue them for negligently supervising their child, so the quick answer is "yes." You definitely want to get legal representation on this one!

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