Ask a Lawyer - Archive

My child was picked up against his will by another child at his middle school. The child threw him over his shoulder like a potato sack and then dropped him. His teeth were cracked off. $1400 of dental bills so far. Best case scenario, he will need crowns when 18. Worst case scenario the teeth die and he will need implants.

Are the parents of this other child liable for his current dental bills as well as future dental bills regarding this incident?

I am very sorry to hear about your son's injuries. In Texas, the general rule is that minors are civilly responsible for their own torts. A parent can, however, be liable for the acts of a child under some circumstances. For instance, if the parent and child had and employer-employee relationship, the parent and child were engaged in a joint enterprise, or the parent is liable under a contract for necessaries such as clothing, food, shelter, etc. Additionally, a parent is liable for property damage caused by their child under Chapter 41 of the Texas Family Code. Otherwise, you would have to look to the parents' own negligence. One possible theory is negligent supervision of the child.

It is an extremely difficult issue, and I suggest you contact an experienced attorney to discuss your legal options.

Good luck!