Q: Can I sue for my son broken tooth?
My 8 yr old son was playing in the apt Racquet ball court. So were a bunch of other kids. To note they were not playing any basketball game . In a moment when my son was kneeling down facing the wooden floor to catch his breath another kid for whatever reason threw the basketball directly on my sons head making him hit the wooden floor and he lost an adult tooth. The medical bills are mounting as we do not have dental insurance. Can I legally ask the other kids parents to pay for the expenses? Is this considered accident or intentional?Do I have strong case in small claims court?
A:
Injuries during sporting events are harder to win, but talk to a local injury lawyer about the details.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
A: Your kid was injured during a basketball game, seemingly as a part of the inherent nature of the sport, so I think you're going to need to suck this one up. I think suing would be a bad option. It is highly unlikely that a judge would award you anything in a small claims action. Best of luck with getting your kid's tooth fixed.
Sally A. Roberts agrees with this answer
A: It is an inherent part of participating in sports that a participant will get injured. If it is deemed intentional, it might be an exclusion under a homeowners policy. It is not clear the location - you mentioned it was an apartment. Are you a tenant as well as the family of the child who threw the ball who injured your son? If they are renters, it in unlikely they will have insurance. Does the family know of the injury? Have you spoken to them about the bills?
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