Who is liable if my child accidentally hurt an adult? 3 Answers as of February 21, 2012At a bowling alley where there is a children’s league they let the kids roll the ball back and forth on the floor. The child in my care had friends that were doing it in the league but the child in my care was not in the league. An adult woman was hurt by this and the child who rolled the ball was in my care. Who is liable?
Ewusiak & Roberts, P.A. | Christopher J. Roberts
It is possible for the injured person to sue you, but I see the claim as very unlikely to succeed. A parent or guardian can be sued for negligent supervision of a child. The injured party would need to prove that your actions were unreasonable (you fell below the reasonable standard of care), and that you knew or should have known that injury to others would be likely. The facts that you have described would not tend to support such a claim. Moreover, the bowling alley was encouraging the behavior at issue. If I were representing the injured person, I would more likely look to the bowling alley for redress.
Answer Applies to: Florida