To Sue or not to Sue....

[Moose]

Monday evening my son allowed a neighbor girl to ride one of our dirt bikes. Her parents gave her permission and she didn't put on a helmet. She lost control of it and smaked a tree with her face. She's still in the hospital with a broken jaw, broken eye socket, and and shattered bones in her leg. I visted her yesterday and her Mom and Dad where very nice about it.

 

Her parents asked me to please go easy on my son, that it wasn't his fault. I think that it most certainly was for allowing a kid ride the dirt bike without my permission, especially without a helmet!!!

 

My question is, I know that I can't get sued over this since the parents gave her permission. But now I have a useless dirt bike in the garage....I'm not the type to go sue happy.....but shoudn't the parents at least pay for the damages to the dirt bike?

 

What should I do with my son? We all make poor choices and hopefully we learn from them.....but should he be punished in some way?

 

The girl is scheduled to have her jaw wired shut for 6 months, and may need reconstructive surgery...this is going to be very expensive to her parents....do I add to that burden?

[HokeyReligions]

That is a tough one. The girls parents still can sue you but I hope they don't. That child is suffering and her recovery is going to be a LOT more expensive and traumatic than your dirt bike. If I were that girls parents I wouldn't sue you, but if you tried to get me to pay for the repair of the dirtbike I would probably be angry enough to turn around and sue you for damages and medical costs. Your son made a bad decision and he needs to understand that and he needs to be held somewhat accountable. The girl also made a bad decision and so did her parents if they gave her permission to ride without a helmit. (did your son have a helmit?)

 

To me the bottom line is, kids break things. If it was a less-expensive toy that the girl broke would you still consider a law suit or ask the girls parents to pay for it? I can understand your POV too. If someone else damages something of mine, I would want some restitution too.

 

You might want to talk with an attorney just to get clear on the laws in your area and know what you might be facing if the girls parents do decide to sue you. Do you have insurance that will cover any of it?

[Fedup&givingup]

I'd be thankful the parents are being nice to you after what happened to their daughter, even though they gave her permission to ride the thing.

 

A broken dirt bike is one thing, but this poor girl's condition is horrific.

 

As for having a useless dirt bike in the garage, let your son feel that for himself. If he wants to fix that one (if it can be fixed), or if he wants another one, let HIM earn the money to pay for it.

 

In addition...I have one of my own stories to share LOL. Last school year, this kid pushed my son off the monkey bars, and my son ended up with a very bad break. He had to spend the night in the hospital, and he had to have surgery. The break was right in his elbow, and it literally almost broke in half. He had to have pins. The whole shabang cost $6k, but not after insurance, etc...which is irrelevant, really.

 

Here's what...the boy's mother SCOWLED at me, and she didn't even apologize! I could NOT believe it! I did speak to an attorney, because this woman had some nerve. The attorney said the school was liable, not the mother. I wouldn't have even looked into anything legal had the mother been a decent human being and spoken to me about it. If the shoe were on the other foot, and it was MY son that was a no good bully, I damn sure would have called his parents and apologized emphatically, and I would have OFFERED monetary compensation. I also would have assured them that my son had been dealt with and corrected for the matter. SOME nerve!

 

I can sympathize with your situation, but someone's life and health are more important than any device....really.

[Moose]

Of course I agree that her health is more important than any device.....I could see other parents wanting to sue me or them for the damages. I do have insurance on the dirt bikes, but only for MY kids. I really don't think it will cover her medical costs though.

 

If it does come down to her parents sueing me....I would most likely settle out of court.....the damages to the dirt bike isn't important to me either.....I could go out and buy another one if I wanted to, but I agree with fedup, ( I usually do, I think she's fantastic!!! ), my son should come up with the money to fix it if he expects to ride it again.

 

But there is still the matter of what should I expect of my son? Like I said, we all make poor decisions, but shouldn't there be a punishment more severe than making him pay for the bike? I know he feels terrible about what happened also....should I do something else for her or the parents?

[Fedup&givingup]

I can understand your eagerness to make your son suffer some consequences...hmmm...I'm sure he's feeling cruddy knowing this girl got badly injured.

 

I really think he's learned a lesson, to be honest. I will have to seriously think about this one, and put my own self in your shoes, with putting my own child in the situation and in place of your son.

[wideawake]

I know that I can't get sued over this since the parents gave her permission.

 

Hopefully they gave it in the form of a written document. If not, and it was verbal, than good luck proving it. If this happened on your property, you're even more exposed. Bottom line is that they have a hell of a lot more leverage in a suit than you do in this case, and I would do EVERYTHING I could to appease them and not upset them at this time. Especially when most of the major medical costs are not going to roll down on them for another 2-3-6 months. You're still going to be liable for that entire period, and if they so choose they could drag you into court at any time.

 

Let this go, if they are not going to sue, I wouldn't even consider trying to recoup a lost bike from them.

[Papillon]

Really, you are responsible for the little girl's accident. That little girl (or your boy, for that matter) should never have ridden the bike unsupervised.

 

Accidents happen to children, thats just one of those things, but seeing as in reality because it was your responsibility in the first place, it would be completely wrong for you to sue (getting others to pay for your lapse of judgement). I think it's very magnanimous of the girl's parents to be nice about it, so don't play with the lion's balls.

 

I would personally feel obliged to help out with the medical costs. But that is your choice.

[Tony T]

"My question is, I know that I can't get sued over this since the parents gave her permission."

 

WRONG! Even if you had the permission in writing, permission is one thing but letting you off the liability hook is another. Doctor's get sued for malpractice all the time by patients who had signed consent forms prior to treatment.

 

I promise you the parents are nice now but when they start getting the medical bills and/or if there are some sort of lingering problems the child faces as a result of this accident, they will see you in court. It happens every time. Check with your homeowners insurance, if you have some, and be sure they know about this accident. Also, see an attorney as soon as possible so you can begin preparation for what could break you.

 

Don't even give another thought to suing that girl's parents or they will countersue for everything you own in the world. That bike can be instantly replaced but the child's injuries will take time to heal and she may never be as before.

[Stone]

I also don't understand why you would want to sue for the repairs on the dirt bike! or punish your child for it. This was an accident and believe me your son really learned a very hard lesson by seeing his friend get injured and put in the hospital. I wouldn't make him feel any worse than he already dose.

 

Also agree with Tony contact your homeowners insurance and let them know about the accident. You should be happy the parents are being nice for now.

 

good Luck.

[echocrush]

First of all everyone else here is correct, asking them to pay is going to cause them to countersue, and you will lose.

 

I accidentally got very educated in law this last few years due to neighbors straight from Hades... We wanted to settle a property dispute, had a survey done and they refused to accept it. So we looked into setteling it in court. It was going to cost us a minimum of $10K just to get it into court, after that who knows?

 

I also have some friend who just went through a lawsuit where they were being sued for something very minor... It cost them over $30K BEFORE it ever went to court.

 

If this were a small claims case, maybe you could afford it, but do you have 10 to 30K just to get it into court, and another $150K if they win?

 

I thought lawsuits must be easy because so many people file them, but you have to have a lot of money just to file.

 

However, you need to consult an attorney right away! They are being nice now, but if they change their mind they can take you for everything and then some. Even if they gave her permission they can still sue. They can deny it, they can say they misunderstood the circumstance, that you were not a responsible parent... There is always a way to sue. And they can probably get someone to take the case pro bono, no cost to them until the case is won and settled... An attorney can advise you on a course of action to avoid a lawsuit, maybe by asking them to sign a waiver, or something... you may still be responsible for the medical bills, and you are going to need to get protected right away. Don't wait until you hear from them... in my experience the one who files first has a major advantage over the party being sued.

 

Try using the findlaw messege boards to check into the legalities of the case... just to know what you are in for.

 

As for your son, I can imagine what you want to do... Yes he should probably have some discipline here... The method I use is the real world method... what would happen if he were an adult in this situation, then make it age appropriate for the child. If it was stealing I would make him face "jail time" and fines... Jail time is in your room, no distractions, fines are community service in the form of a set number of hours (yard work, clean-up detail) so what would he be facing as an adult???

[faux]

Originally posted by Moose

My question is, I know that I can't get sued over this since the parents gave her permission.

 

Oh YES you can, and most likely will get sued, my friend. I mean, unless this girl's parents are complete idiots. This all depends on how old your son is, and if he can get sued over this. I do not have enough information, but I would say you are the one who is most likely going to have to deal with this problem.

 

But now I have a useless dirt bike in the garage....I'm not the type to go sue happy.....but shoudn't the parents at least pay for the damages to the dirt bike?

 

NOT a good idea to file suit over your damaged dirt bike, considering the extent of the damage your dirt bike caused to this girl. If you get a lawyer, make sure it is to settle this dealie out of court before it gets ugly. The dirt bike damages are the least of your worries.

 

 

What should I do with my son? We all make poor choices and hopefully we learn from them.....but should he be punished in some way?

 

I would beat the ever loving.... out of him if I could get away with it. If this girl's parents decide to sue, hopefully he'll be the target and not you.

 

The girl is scheduled to have her jaw wired shut for 6 months, and may need reconstructive surgery...this is going to be very expensive to her parents....do I add to that burden?

 

I wouldn't even try. I really think you're going to want to get yourself a lawyer here and settle this matter out of court. This girl's parents are freaking MORONS if they don't try to sue someone over this. No doubt they'd make an easy win.