Broken jaw

W

Whyme

New Member
Jurisdiction
Ohio
My son 14 walking home from school when 3 young men approached him. One of the young men asked him some questions then punched my son in his jaw. My son called and told me,then I immediately called the school. Well I had to take my son to the ER he was complaining his jaw hurt and that's when we founded out it was broken. The other 2 young men stood their and watched what their friend did to my son. Can I sue the young man and his family for braking my son's jaw? Or can I sue all three young men's?
 
Whyme said:
My son 14 walking home from school when 3 young men approached him. One of the young men asked him some questions then punched my son in his jaw. My son called and told me,then I immediately called the school. Well I had to take my son to the ER he was complaining his jaw hurt and that's when we founded out it was broken. The other 2 young men stood their and watched what their friend did to my son. Can I sue the young man and his family for braking my son's jaw? Or can I sue all three young men's?
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Have you filed a police complaint? If so...was the young man arrested? How old is this young man?
 
justblue said:
Have you filed a police complaint? If so...was the young man arrested? How old is this young man?
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Hello, yes I have and all the information was given to the detective bureau. So far no arrest was made not that I know of and the school will not tell me if they expelled/suspended the young men
 
Whyme said:
I immediately called the school.
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Out of curiosity, why did you do this? I ask because you said this happened when your son was walking home from school and, presumably, was not on school grounds. Is that right?

Whyme said:
Can I sue the young man and his family for braking my son's jaw?
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Anyone can sue anyone for anything. The appropriate person to sue would be the person who hit your son (assuming you/your son know who the person was). Nothing in your post suggests that any member of "his family" might also be liable, but you didn't say how old he is. If he's a minor, then his parents could possibly be held vicariously liable up to $10k.
 
Liability if parent knows a child is a threat to others, and does not take reasonable steps to control the behavior

A parent may also be sued if his or her minor child is found to be bullying others in violation of Ohio Revised Code (ORC) 3313.666 and where the parent can be sued, a legal guardian can also be liable.

ohioparentalliability.JPG

Parental Liability for Personal Injury (ORC 3109.10) - When a minor child "willfully and maliciously" assaults someone by a means of force likely to cause great bodily harm, a parent can be liable for up to $10,000, and court costs in the state of Ohio.

ohioparentalliability.JPG

This limit does not apply to a civil action for compensatory damages in this case or in the areas that follow. "Willful" means the person intended the action taken and may have also intended to cause the resulting harm.

Parents in Ohio Can Be Held Liable for Actions of Minor Children

https://www.mwl-law.com/wp-content/uploads/2013/03/parental-responsibility-in-all-50-states.pdf
 
Whyme said:
My son 14 walking home from school when 3 young men approached him. One of the young men asked him some questions then punched my son in his jaw. My son called and told me,then I immediately called the school. Well I had to take my son to the ER he was complaining his jaw hurt and that's when we founded out it was broken. The other 2 young men stood their and watched what their friend did to my son. Can I sue the young man and his family for braking my son's jaw? Or can I sue all three young men's?
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You have received some good answers thus far. Having received those answers, I think it may be wise to proceed to the question of what actually happened. Your explanation sounds like an explanation that a 14 year old kid gives when he doesn't want to get in trouble and seems to leave out a LOT of details. WHAT did the kids say? How did your son respond? Did your son initiate the fight? These are important considerations.
 
leslie82 said:
Bullying isn't new. I got bullied as a kid for some of the stupidest reasons in the world. Bullying has gone on forever...it isn't new.
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It wasn't called bullying in my day.

I never heard the word bullying used until I entered the 21st century.

When I was kid, we tried to avoid dinosaurs, pterodactyls, and woolly mammoths.

If one kid pulled another kid's animal skin off of him, a fight would ensue, the loser kept the animal skin.

Neither kid used his caveboy club on the other, we took our lickings like like a caveboy should.

We didn't whine to our mommy or our daddy.

Some caveboys liked me, some caveboys disliked me, none of the cavekids called it bullying.
 
I can remember when we could beat the crap of the bully. This seem to work pretty well. Today kids can't do that. So the bully doesn't care about getting in trouble at school so they continue. Bring back the time we could beat the crap out of them.
 
army judge said:
It wasn't called bullying in my day.

I never heard the word bullying used until I entered the 21st century.

When I was kid, we tried to avoid dinosaurs, pterodactyls, and woolly mammoths.

If one kid pulled another kid's animal skin off of him, a fight would ensue, the loser kept the animal skin.

Neither kid used his caveboy club on the other, we took our lickings like like a caveboy should.

We didn't whine to our mommy or our daddy.

Some caveboys liked me, some caveboys disliked me, none of the cavekids called it bullying.
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It was called bullying in the 20th century. Yes it did happen in your day - just because the term wasn't used doesn't mean it didn't happen. People think autism didn't exist until the last 20 years, but it did. No one had discovered it.

Just like my daughter's kidney disorder wasn't discovered until the 1970s...but you can bet that it existed before it was discovered. Just like all the things we know today have always existed but we didn't discover many of them until later on and giving them names we have.

How about how PTSD has always existed but just given different names over the years. So on and so forth.
 

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