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A six year old boy hit my 11 yr old son in face with a bike helmet and broke his front tooth.

Lawrence, KS |

My son had a root canal this morning as a result of a broken tooth. His medicaid insurance will cover the cost of the root canal and crown but i will be losing my health insurance in 30 days and my s son will be without it until i gain employment with a company offering benefits or purchase an individual policy. My son will need at least one replacement crown in the next five years since his jaw is still growing. Additionally, this is his front tooth and will require maintenance for the rest of his life. A bill he would not have incurred if this child had not hit him. Can i proceed with a civil claim for future costs we/he will incur to maintain the crown. Honestly, i'm more concerned that the parents learn a lesson in social responsibility since they dont' feel they are responsible.

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Attorney answers 1


I do not practice in your state, but under traditional common law principles, parents are generally not liable for the intentional torts (like the battery you describe) of their children under a certain age (often 7). The common law deems children of such a tender age to be incapable of forming the requisite intent (put another way, kids will be kids). For a clear answer to this piece of your question, you will need to consult a personal injury attorney in your area.

Parents CANn be liable for their own negligence. If, for example, the six year old's parents were present for the incident and saw their son waving his helmet around in the air in a menacing fashion before he struck your son, they might have been negligent for failing to stop him. A personal injury attorney can help you assess whether you have a viable independent theory of direct negligence against the parents.

I hope this helps.

Good luck!


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