Posted by
samh4
16 yrs ago
is it possible to sue someone for medical expenses. their child injured my child (not an accident-determined by the school). its not alot of money-its the principle of the matter. i don't want to hire an atty but is there something where i can go to court by myself. like a small claims court
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Not as easy as this. Firstly from what the OP posted the child was at school and therefore was under the care of the school, not the parents. So if there are any claims to be made it would be against the school.
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I would think the school has a duty to provide a safe environment for your child much the same a company does for its employees so yes sue the school. You would as a parent of a minor. A without prejudice letter might settle the matter. There might be some evidential problems. Any CCTV tapes and what were the injuries?
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As evildeeds has written, a claim will need to be made against the school. The child was under their supervision and not of the parents.
With any legal claim, when I read it is the 'principle of the matter', then I know it is a trivial/frivolous claim.
Are you wanting to teach the parents a lesson? or what is you main motivation? Revenge / Payback? Obviously as you have written, it is not that you need the money.
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samh4
16 yrs ago
all good points and don't really want to sue the school. and while it is the principle of the matter--it is not major issues but it is something that will affect financially, emotionally and physically for the rest of her life. it is more that the parents not being responsible for the actions of their child as bob stated. but with the parents behavior /response/ attitude it is easy to see where their child gets it from. the apple doesn't fall from the tree.
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so, as I see it, you want to teach the parents a lesson. It would not really work if this is the case. They would just insist on making themselves (and you, for that matter) believe that it is normal for children to engage in "rough" child play from time to time. However, I deem that it is just right that they assume part of the medical expenses. Copy all the bills, if you know their address, send it by mail with a letter that they have to take some responsibility to their child's action (or be more diplomatic.)
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samh4
16 yrs ago
oh, how i wish it were all so simple. i have copied them on the bills via registered letter and as they said, "they wouldn't dream of asking if it had been the other way around and at this point what good would writing a check do" can you believe it? also, it has been documented by the school that my child was minding her own business standing against a wall, completely innocent when he threw the ball in her face-after telling her to shut up. (she was playing a recorder during playtime). so does anyone think that the small claims tribunal would benefit us
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if you want to launch a suit in small claims tribunal, the ceiling of you claim is only HKD50,000.00. Parties are to expect to attend in person and no legal fees would be awarded even you won the case.
If your claim exceeds that, you need to file your claim in District Court.
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