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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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My 8 year old son was roughhousing with his friend at school.

This answer was rated:

My 8 year old son was roughhousing with his friend at school. His friend pushed my son
into another boy and the boy fell down and broke his finger. The parents are asking me
to pay for the medical bills. Am I responsible for the medical bills? They aren’t asking my
sons friend to pay just me

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Are there any facts which the parents are asserting which suggest your son was at fault in the incident?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

They are saying that there son was not involved in the roughhousing (and he wasn’t) so I should pay.


My issue is that my son was pushed by his friend into the boy that got hurt. No one is asking my sons


friends family to pay. I feel it’s just boys being boys.

Hello again, Adam, and thank you for clarifying that for me.

A court would likely find fault on the part of one of the boys who were roughhousing, but I would typically argue that the at-fault party is not your son, but the friend who pushed your son into the boy who was injured.

Given that, I would normally try to contact the parents of the boy who did the pushing to see whether they are willing to aid you in resolving this by paying some portion of the bills as well.

If not and a lawsuit is filed, I would normally expect both your son and his friend to have some fault to the injured boy depending on what facts are produced to the judge or jury. To avoid legal action though, I would typically try to negotiate a settlement of the claim. Perhaps if you pay 1/2 of the out of pocket expenses while the other family pays the other half, that would likely be acceptable to the injured boy's family.

Unfortunately, the boys will be boys defense would not likely be successful in a court of law since it does sound as though the boys who were roughhousing were at fault, even though the boy who did the pushing is likely to be found more at fault than your son in my opinion.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

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Thanks again and all the best to you.

Tina

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