Is it fair to hold my husband liable for the child's injury since the child was not related and came along on his own?

Question

Our neighbor came to us and asked if my husband could drive and use our mini cab to transport the deceased to the cemetery, as it was the burial day of their family member. They were asking for help. However, while they were on their way home, a child who was not part of the bereaved family had tagged along. While playing, he kept getting on and off the vehicle to show off to his friends. Since the road going home was a bit steep, the mini cab had difficulty climbing, stopping and starting again. The child, while playing at the back, which my husband could not see or know about, fell off. His mouth and head were bleeding. Now, the child's mother is demanding my husband pay for the damages. My husband had no idea that the child had tagged along, especially since he wasn’t part of the funeral. This is what happened. Now, the mother is threatening to file a complaint with the barangay if my husband doesn’t pay. My husband did provide the child with medicine to ease the pain.

Tim Akpinar · Answer

I'm sorry for the loss in your community. This looks like it took place in the Philippines, so attorneys there would need to advise. This forum deals largely with U.S. laws and courts. 
 
If this occurred in the United States, the child's medical expenses could be picked up by the vehicle's insurance. But this sounds like it might be a small vehicle less powerful than an ordinary car. The general legal concepts that would arise in the U.S. would be that as the operator of the vehicle, your husband is responsible for the safety of all on board. However, a person in your husband's position would probably argue that he had no idea a child had decided to board the vehicle in motion, without his permission or knowledge, and that he had no idea a child was back there pulling such stunts to impress friends, which places blame or part of the blame on the child. 
 
No, it isn't fair to hold your husband liable, but the important issue will be to figure out how the law treats this incident where you are located, whether that is fair or unfair. It would be best to get the opinion of an official or an attorney who practices in the Philippines in the city where this happened. I hope everyone is okay. Good luck

Stephen Murray · Answer

This sounds like a tough situation. If your husband didn’t know the child had tagged along, and the child was playing unsupervised in a dangerous way, it complicates things. The child wasn’t under your husband’s care or responsibility, and it seems like your husband couldn’t have prevented the accident if he didn’t know the child was there or what he was doing. That said, the mother might still try to file a complaint, and it’s not uncommon for parents to look for someone to hold accountable. Whether your husband is legally liable depends on factors like whether he acted reasonably as a driver and if he could have reasonably foreseen the child’s actions. In a case like this, the responsibility might not clearly fall on your husband, but it’s important to be prepared for the possibility of a formal complaint.

Q: Is it fair to hold my husband liable for the child's injury since the child was not related and came along on his own?