Lynn Haven, FL Personal Injury Law Firms & Lawyers

Not likely. It is not Universal's obligaton to manage your child or prevent him from touching hot cheese and more than your child reaching out and grabbing a steak knife on the table. Its unfortunate but thankfully he was not hurt badly.

These are questions that would probably be better directed to your insurance company, but I'm happy to offer some general advice. The other driver has the right to sue if he felt that you are at fault and he sustained personal injuries. If the other driver's damages exceed your policy limits, he has the option of going after your assets personally. From how you've described your financial situation, the other driver will almost certainly opt to settle with your insurance company rather than pursue you personally. Personal injury lawsuits can move slowly, often taking several years to wrap up. Hang in there.

In California a parent can be held liable for their minor childs conduct up to $25,000 in damages. If your son was not an active participant in the assault, I am not sure how he would be held responsible unless there was some conspiracy among the 3 boys to pick on or beat up the victim. Heres the statute that governs this: Civil Code 1714.1. Liability of parents and guardians for willful misconduct of minor (a) Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. Subject to the provisions of subdivision (c), the joint and several liability of the parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law. (b) Any act of willful misconduct of a minor that results in the defacement of property of another with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney's fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor. (c) The amounts listed in subdivisions (a) and (b) shall be adjusted every two years by the Judicial Council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index. The Judicial Council shall round this adjusted amount up or down to the nearest hundred dollars. On or before July 1 of each odd-numbered year, the Judicial Council shall compute and publish the amounts listed in subdivisions (a) and (b), as adjusted according to this subdivision. (d) The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed. (e) Nothing in this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000).