Children's horseplay happens whether you like it or not, so the key is to ensure that it's gentle and does not result in injury. Teaching your child to be aware of his or her own power is essential, but accidents can still happen. If your child has been involved in an accident that injured another child, and you are now being saddled with a threat to sue to determine liability by the injured child's parents, you need to take some very specific actions.
Contact Your Homeowner's Insurance
The injured child's parents are likely inquiring about your homeowner's insurance first. These policies often have a couple of forms of medical coverage, one known as Medpay (which pays out a small amount upon receipt of claim and proof of injury, regardless of liability) and actual medical bill coverage, which does rely on liability. Contact your agent immediately and let him or her know what happened, and then let the insurance company deal with the other parents.
Clam Up
Do not say anything you don't have to, especially to the injured child or the parents. Just let them know that your insurance company should be contacting them, and leave it at that. Anything you say could be twisted to make it look like there is a lot of liability on your family's side, which could result in a huge financial hit to you if the case goes to court. Let the insurance company take a look at the situation. If they determine there is no liability on your or your child's part (it is possible that the injury occured due to the other child doing something stupid, or to a true accident that no one could have prevented), the other parents may leave you alone, or they could escalate the situation and sue.
Contact an Attorney
Before you get to that point, though, find a good personal injury attorney. If the homeowner's insurance pays out or determines there's no liability, and the parents drop the matter, you won't need to continue seeing the attorney. But if the parents sue you for reimbursement of medical bills, you'll have an attorney like Dunnigan & Messier P.C. ready and waiting to help you defend yourself and win your case.
Start looking for that attorney now. Just because your child was involved does not mean you are automatically liable, and depending on the circumstances, you can fight this charge. You just need the right lawyer to help you out.
