when he stepped out of the room, his friend hit the other kid in his genitals. Turns out he needed surgery a few days later to remove a testicle-pretty serious stuff, my grandson was not in the room when that happened. but was told about it later by the friend that was not hurt. Can the parents of the friend that got hurt, sue since the injury happened at my grandsons home?
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This really doesn't make sense. If he was so injured, when your grandson returned to the room, his kid would be laying on the floor screaming in pain.
Yes, his parents could sue and could possibly win. They could say improper supervision of the boys. In addition, the parents could go after the kid who injured their son.
That all said, how do you know that the hit is what caused the injury? There is more to this.
Anybody can sue for any reason. That doesn't mean there is always a case.
That said, I can see where they might try to pin something on the homeowners insurance because the children were unsupervised. Accidents happen but this does not sound like an accident.
At their age, you'd think you wouldn't need such on hand supervision but this one kid was out of line. Has he acted out like this before?
I've got 4 boys. I know that is ONE of them is hit in their genitals, they aren't just sitting there playing. They are bent over and in obvious pain. Either you're missing a lot of information for this post or it's a first time question/poster that is a troll.
Yes. The homeowners can get sued. Not sure if they the family doing the suing would win or not. Not sure if there's a lawyer who would take the case.
I think we had a similar question not all that long ago. You might have a lot in common with that member - see if you can search prior questions using some of the key words in your question and read those responses.
Sounds like these kids need a lot more supervision if there's some genital injury going on.
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If the kid was punched so severely he needed surgery? He would have been writhing in pain at the home - yes?
The parents can sue - sure - will they win? Who knows! Why not consult a lawyer? Why not have your daughter/son the owner of the home they child go injured in, call their home owners insurance company and see if they have an umbrella plan that will cover incidents like this?
I'm not an attorney, but I think that the issue would be whether or not there was adequate supervision.
Your grandson's parents need to speak to their insurance company, since will fall under their homeowner policy. The insurance company will advise the, on the best way to handle the situation.
They could probably make a claim against the homeowner's insurance but insurance covers accidents; this was an intentional act so the insurance may not even cover. If it does, the insurance company will probably subrogate against the offenders' parents' homeowners insurance if they have it, or against the parents individually if they don't have insurance that will cover.
Sure they can sue.
Anybody can sue anybody for just about anything.
Whether they can win is another matter.
It would be worth it to consult a lawyer in your state to find out about the laws that apply to this situation.
You might want to ask your question on FindLaw.com
You could get some interesting answers.
Sure - anyone can sue anybody for just about anything at all. Doesn't mean they have a case or will win. Without knowing the details, I would guess that the family of the hurt child could possibly have a claim against the homeowner's insurance for medical bills, potentially a civil suit and/or a criminal suit against the homeowners for either negligence (if the children weren't supervised), and possibly a civil and/or criminal suit against the person who attacked the other child.
If I were the parents of the boy, I would be seeking something. To lose a testicle is extremely serious and could potentially affect his ability to have children in the future.
When your grandson came back in the room was the other child crying in severe pain? Did the boy need to leave your grandson's home because of the injury?
I'm having a hard time understanding how your grandson could be unaware of the injury. The fact that the perpetrator of the injury told your grandson but the injured kid said nothing just makes no sense to me.
My cousin needed emergency surgery around that age for a twisted testicle. The doc said he could have lost it if they had not gone to the ER when they did. There was no cause. It was just something he was born with and out of the blue caused debilitating pain.
Don't mean to be rude, but this doesn't make a whole lot of sense. A boy hit in that area that severely (requiring surgery) would be in acute pain and most likely be vomiting. If really so bad that he needed surgery - he'd be in there right away, not a few days later. Also, I'm sure the parents would have contacted your son/daughter if this were the case. Not sure what you mean your son heard about it from the other friend.
Yes, they could try to sue, but any attorney worth their salt would say it is pointless, they would never win. The only way they would have a case against the homeowners via their homeowner's liability imsurance would be if the accident happened due to some deficiency on the property or in the house itself that the homeowners were negligent in not fixing or having repaired. This accident was caused by another child, and not by your grandson. Someone else mentioned that the boy's parent's could possibly sue for lack of supervision, but that wouldn't hold water either. The boys are 13 years old not 5 and they were playing video games - a fairly harmless activity, not boating on a lake or other such activity where parental supervision would still be expected even for junior high kids. You have nothing to worry about. Now the kid who purposely caused the accident, his parents should worry.
This is a great question. I think the child who hit the boy needing surgery should be the one responsible (or his legal guardians). If the parents of the home (your grandson's home) were responsible for babysitting, then I can seen a reason to sue because of poor supervision. Their age is old enough that I would think a judge would not expect close supervision.
Hit him and now testicle needed to be removed? I'm thinking there is more to this than meets the eye. Either he had a problem that was undiagnosed and getting hit, brought it to the surface. Or the kid that hit him did a lot more than hit him. Weird.
They need to see a lawyer about having the family of the boy who hurt him pay the hospital bills.
