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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33726
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Last Saturday my 10 years old son was swimming in a pool. All of the sudden a stone hit hi

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Last Saturday my 10 years old son was swimming in a pool. All of the sudden a stone hit his head and cracked it open and bled badly.
Some 11 year old kid threw two stones from the other property and hit the back of my son's head with one. Police were called and a report has been filed. He was taken to the hospital and got four stitches. First of all he is having a lot of pain and kind of ruined the beginning of his vacations. Second, we are corcerned that he is going to have a big mark that is going to be treated in order to not be so noticeable. Can we sue for damages, pain and cost of an eventual treatment. In that case, whom should we sue? The home owner, the other property's home owner, their insurance companies, the boy's parents? Please let me know what you think we should do. Thanks
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If you can determine who it was that threw the rock, then you would have a cause of action to sue the child's parents for any damages that you have incurred due to the child's actions. A parent is liable for the actions of their minor children and can be held accountable.
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I don't see any grounds to sue the home owner or the other property owner (unless they are the parents of the child). If you sue the 11 yr old's parents, their homeowners insurance may kick in to pay for any claim depending on whether something off site like this is covered.
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But regardless, the 11 yr old's parents are the ones who would be primarily liable for the actions of their child.
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Thanks.

Barrister

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