What do I need to do if my child accidentally causes the Injury of someone else.? 26 Answers as of July 04, 2013

We were on vacation and my 7 year old daughter pulled the beach umbrella out of the hole and the wind blew it out of her hand and the umbrella hit a woman in the head. What do we need to do? What can happen?

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The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
I would advise you to do nothing at this point. If someone is going to sue you for a personal injury they have two years to do so, but generally they will let you know within a couple of months. If they do sue, you will likely get a letter from an attorney telling you there is a claim. At that point you should seek the advice of counsel. You should also determine if your homeowner's insurance will cover and / or defend the claim for you.
Answer Applies to: Oregon
Replied: 7/12/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Typically, in Louisiana, a child cannot be held responsible for some actions that may cause injury. There are many other questions that I have that surround this inquiry. Was the woman injured? If so, what type of injuries? Does the woman have your contact information? Etc. I would love to get more information from you to ascertain what, if anything, you have to worry about.
Answer Applies to: Louisiana
Replied: 7/13/2011
Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
From a strictly legal standpoint, there isnt much you need to do right now. There is a question whether any liability would attach to a situation like this, just because it was an accident doesnt mean negligence was involved. You can wait and see if the woman notifies you of a claim, then contact your homeowners insurance company. They will determine if you are covered for this kind of situation, and if so, they will handle it from there. If you are not covered, or do not have insurance that might cover you, you can either negotiate with the woman yourself or hire an attorney to do so on your behalf. If you dont want to wait, you can contact the woman now, but if she wasnt considering making a claim before, you may give her an idea to do so. From a moral standpoint, if you feel you are responsible and want to offer to pay the womans medical bills, if any, you can do that, just ask for a signed release before you pay any money to fully protect yourself.
Answer Applies to: Texas
Replied: 7/12/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
Generally nothing can happen. You are not responsible for your child's negligent acts. Besides, she is not old enough to even be negligent I do not believe. Anything you do will be out of the goodness of your heart, not a legal matter.
Answer Applies to: Alabama
Replied: 7/12/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Wait and see if you get a letter from a lawyer or a lawsuit. If either happens, see if you have any insurance that covers such an incident, and if so, turn over all information to your insurance company.
Answer Applies to: Michigan
Replied: 7/12/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    I would not do anything except apologize. If you receive a call to pay medicals, you may want to do that without an admission of liability.
    Answer Applies to: Virginia
    Replied: 7/12/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Parents are not liable for the torts of their minor children. Check your homeowners policy or umbrella policy to see if this sort of thing might be covered.
    Answer Applies to: North Carolina
    Replied: 7/12/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Report it to your insurance company. If a public beach, also report it to city. If private, report it to owner. You are responsible for injuries caused by a minor child.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Probably, nothing at all until such time as the victim attempts to sue you when you may wish to consult with a local attorney in your area. However, since as a general rule, parents may only be responsible for the willful torts of their children, the victim's lawsuit (on these facts) would likely be subject to dismissal.
    Answer Applies to: Virginia
    Replied: 7/12/2011
    David Hoines Law
    David Hoines Law | David Hoines
    Nothing, unless the lady notifies you she is making a claim then turn over to your homeowners insurance company.
    Answer Applies to: Florida
    Replied: 7/12/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Legally, you are probably not be responsible for any injury or medical cost. The injured woman would have to show thqt you were negligent in some way, and this looks like an accident that just happened and no one is at fault. If she does sue you (which I doubt will happen) and if you own a house, contact your homeowners insurer, your homeowners insurance may cover any damage.
    Answer Applies to: South Carolina
    Replied: 7/11/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Offer to pay her medical bills or at least her out of pocket (i.e. deductible expenses). The offer to pay for medical expenses is not admissible in court to prove liability, and it is the right thing to do. Legally, to prove you were at fault for the actions of your child the other person would need to show you were showing a marked disregard for your child's behavior and did nothing to curb her behavior. There does not appear to be anything inherently wrong with a child pulling an umbrella out of the sand and the wind taking the umbrella out of her hands is just an act of God. It could have just as easily taken the umbrella out of your hand.
    Answer Applies to: New Jersey
    Replied: 7/11/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If you have homeowner's, condominium owner's or apartment renter's insurance, then you must immediately notify your insurance company or you might lose coverage. If not, then you might just want to lay low.
    Answer Applies to: New York
    Replied: 7/11/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should locate theinjured party, offer an apology and pay for her injuries if she incurred and medical expenses. However, if she plans to sue, you may later retain a personal injury defense attorney to protect your daughter's and her parents' interest.
    Answer Applies to: Indiana
    Replied: 7/11/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Report it promptly to your homeowner's insurance company. It doesn't sound like your child was negligent, but it's better to report it to be on the safe side.
    Answer Applies to: Florida
    Replied: 7/11/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Maybe nothing but put your homeowner's insurance company on notice.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Sariol Legal Center
    Sariol Legal Center | Frank R. Sariol
    There is not really a lot you can do, except be very nice to the person that got hit with the umbrella. If she sues you for damages, check and see if any of your insurance policies will cover this act (auto, homeowners, umbrella [no pun intended]). If you are not covered, then get yourself a lawyer to help you.
    Answer Applies to: California
    Replied: 7/11/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You can be held liable for the negligence of your daughter. If you have homeowners insurance, contact them to see if they will cover you for this, even if it occurred away from you home.
    Answer Applies to: California
    Replied: 7/11/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    I would just wait. They are going to look for insurance against owner of property.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Even in this crazy world, kids are allowed to be kids. It sounds like an accident. If you get sued, you'll want to talk to a lawyer.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    She's a child and though capable of being negligent, that's not a case most lawyers would want to take on against your daughter. If any claim is made, turn it over to your homeowner's insurance carrier and they should take care of it.
    Answer Applies to: Florida
    Replied: 7/11/2011
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