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BabiixG · May 26, 2010, 07:43 PM

My son was at his dad's house playing outside with his toys. He was playing with his plastic tool set. (plastic hammer , screw drivers etc... ). A 5 year old kid came and was trying to take my sons toys away from him so my son hit him in the face with the toy. The kid was bleeding. I wasn' t there I'm just going by what his dad told me. I feel really bad if I was there I would have disciplined him, but his dad didn't. The kid's parents are saying they are going to sue. Can they? My son is 2 by the way. I told his dad he should have disciplined him and tell him that it's wrong to hit. Or better yet tell him to share his toys before it even happened. I know my son is only 2 but his dad was being irresponsible. As far as I know the kid didn't have to be hospitalized or anything I think he had a bloody lip.

Fr_Chuck · May 26, 2010, 08:03 PM

Of course they can try to sue, anyone can sue anyone,

But then you can threaten to countersue for the other child's trespass on property to come and try and take toys.
In assult first since I assume the older kid grabbed trying to take toys.

Things happen before we can act, and having a child merely give his toys away to a older kid is not always the right thing, I was not there but giving into a bully ( if this was) may be wrong too.

BabiixG · May 26, 2010, 08:08 PM

Yea I know they are young kids I don't think they were tresspassing though because it's a 3 family house I think they live upstairs.

J_9 · May 26, 2010, 08:11 PM

No matter, anyone can sue for anything. However, it's going to cost them more to sue than what it's worth. There were no permanent damages, and any lawyer would be a fool to sue over this.

BabiixG · May 26, 2010, 08:23 PM

Yea thanks I'm sure they only said it because they were upset

AK lawyer · May 27, 2010, 09:19 AM

Nothing will come of this.

But in the very off-chance that they do sue, your son's dad should turn it over to his homeowner's insurance company.

ballengerb1 · May 27, 2010, 09:31 AM

You will likely be just fine. When folks sue they must sue for damages and I don't read that there are any damages. A common misconception is to sue for pain and suffering, that doesn't work.