Ask Me Help Desk - BB Gun incident

My best friend is divorced and her ex husband has her children (9 year old boy and 15 year old girl) every other weekend. This weekend her son was outside with friends (unsupervised) playing with a bb gun. The gun went off and hit another child in the arm. My friend is mortified (needless to say). But, the worse part is that NOBODY called her over the weekend to tell her what happened. Her ex just sent the kids to school this AM like it was no big deal.

Today around lunch time she got a call from the school - the police were there to talk to her son and they needed her there... she had no idea what was going on.

My question is this... how much will her son be held responsible? What about the ex husband who gave the child the gun in the first place?

She says she never wants to send her kids to him again... we know that is not going to happen, but one can wish.

Quote:

Originally Posted by Tuscany

My best friend is divorced and her ex husband has her children (9 year old boy and 15 year old girl) every other weekend. This weekend her son was outside with friends (unsupervised) playing with a bb gun. The gun went off and hit another child in the arm. My friend is mortified (needless to say). But, the worse part is that NOBODY called her over the weekend to tell her what happened. Her ex just sent the kids to school this AM like it was no big deal.

Today around lunch time she got a call from the school - the police were there to talk to her son and they needed her there...she had no idea what was going on.

My question is this...how much will her son be held responsible? What about the ex husband who gave the child the gun in the first place?

She says she never wants to send her kids to him again...we know that is not going to happen, but one can wish.

I do accident investigations - I've seen this scenario time and again. If you are discussing civil, not criminal, liability -

In my experience everyone gets sued - Mom and Dad and, if on someone else's property, them - and the person with the Homeowners Insurance in place ends up playing. I would talk to Dad again - the gun "just went off" is not going fly. They don't shoot by themselves.

In this case it's (presumably) on Dad's property and so his Homeowners pays. Sounds like not very serous injuries so it will end there.

If you are asking about criminal charges I've seen the parent charged with neglect but those were serious injuries.

If this is the usual scenario with the father, I'd sure as heck be back in Court and asking for either supervised visitation. Your friend is lucky her son didn't take out somebody's eye or seriously hurt himself and perhaps he's at risk when he's at his father's. The fact that the father never notified her is in itself cause for alarm.

Thank you so much for your response. I wanted to update you on what has happened since I posted the question.

The father of the injuried boy does not want to press charges against the ex. But, mom does. Currently there is just a report that was made, no charges as of yet. Additionally Grandma (ex's mom) has taken it upon herself to rid her son's home of the guns he had. They are currently under lock and key in her home.

My friend is talking to her lawyer about gaining full custody of the children. This incident has really shaken her and the rest of her family. Obviously no court date has been set, (things don't happen that fast), but changes are in the works.

My friends's son is back in school being a 9 year old. He knows what he did could have really hurt someone and is now grounded from his 4 wheeler (a fate worse then death for him).

Thanks again for responding... if anything further happens I will be sure to let you know.

Frankly, I think you friend is over-reacting. I suspect she is using this incident as an excuse to get the kids away from the ex.

Yes the ex was irresponsible for not taking care of the wound and for allowing children to play with a gun unsupervised. But trying to cancel custody or visitation is going too far and I don't believe the courts will support her.

Quote:

Originally Posted by ScottGem

Frankly, I think you friend is over-reacting. I suspect she is using this incident as an excuse to get the kids away from the ex.

Yes the ex was irresponsible for not taking care of the wound and for allowing children to play with a gun unsupervised. But trying to cancel custody or visitation is going too far and I don't beleive the courts will support her.

Scott-
This is sort of the straw that broke the camel's back. He has been a poor father on many different occasions. To many to write about here. My friend has been keeping track of the times when the kids are under his care and the police have been called. Since the beginning of the year the cops have been called 9 times for different reasons. Mostly domestic disturbances. But the environment there is not terribly safe, and with this latest occurrence upon consulting with her lawyer she feels she has enough to at least contest the amount of time they are there...

We will see.