QUESTION
Is a parent liable if her autistic child kicks someone’s tooth out?
Asked on Nov 30th, 2012 on Personal Injury - North Carolina
More details to this question:
My daughter was staying at a friend’s house and her autistic son got mad at my daughter and kicked out her front tooth.
12 ANSWERS
Possibly, if the parents were negligent.
Answered on Apr 11th, 2013 at 3:00 PM
Employment Law Attorney serving Malibu, CA
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Law Office of Mark J. Leonardo
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Yes. There is a statute imposing liability on parents of a child that causes injury. Her mental health issues should not matter. In any event, the parent?s homeowner?s insurance would likely cover the medical expenses up to a specified limit (usually $5000), regardless of fault.
Answered on Dec 05th, 2012 at 3:24 AM
1 Award
Yes, the parents would be liable for your child's injuries. In CA, there is a two year statute of limitation within which you must file your lawsuit.
Answered on Dec 03rd, 2012 at 12:56 PM
Daniel P. Mitchell
Yes. The parent is liable.
Answered on Dec 03rd, 2012 at 12:56 PM
Yes, if the parent was negligent i not controlling the behavior of the autistic child.
Answered on Dec 03rd, 2012 at 12:55 PM
Dennis P. Mikko
Parents are responsible for the acts of their children. Generally, this responsibility has a cap on amount. You may wish to contact the parents to see if their insurance will cover the cost of the dental repair.
Answered on Dec 03rd, 2012 at 12:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Quite possibly, I would suggest that you counsel with an attorney to determine whether there is any means by which you can recover your losses.
Answered on Dec 03rd, 2012 at 12:55 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Get it repaired. Also have the dentist make an estimate of future dental care that will be needed. Find out if the friend has homeowner's insurance. If so, contact the agent and make a claim for careless parenting or failure to monitor the children carefully. She knows her son and would have seen the signs he was going to explode.
Answered on Dec 03rd, 2012 at 12:54 PM
Ronald A. Steinberg
I think so. The parents allowed your child to visit, so they assured you that they could control the autistic child, but they didn't.
Answered on Dec 03rd, 2012 at 12:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Probably not, you'd have to show that the parent knew or should have known this would happen and that she failed to take steps to prevent it.
Answered on Dec 03rd, 2012 at 12:54 PM
I'm not sure the parent's are liable but their homeowner's insurance policy should have a medical pay provision that will provide coverage for the related dental care.
Answered on Dec 03rd, 2012 at 12:54 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A parent is not liable for the torts of a child. You would have to find some negligence on the part of the parent.
Answered on Dec 03rd, 2012 at 12:53 PM