Parents who share kids worry about safety. What happens if a child gets hurt on a school break, like spring break? We need to know if a parent can be blamed if their child has an accident while staying with them.
What Does it Mean to Be in Charge of a Child on Break?
A Parent’s Job: When your child is with you, you have to keep them safe. This means watching them. It means making sure they don’t do things that are too risky. This is true anytime you have your child.
Safety During Fun Times: Spring break usually means fun things like trips or playing sports. Fun is great, but safety must come first. The parent watching the child needs to make smart choices. This helps lower the chance the child gets hurt.
What Parents Need to Do:
- Watch the child carefully.
- Pick safe things to do.
- Use safety gear like helmets.
Looking for Dangers:
- Check for risks before doing something.
- Know what your child can and cannot do.
- Have a plan if something bad happens.
Example – Going to the Lake: A mom takes her son to the lake for spring break. She puts sunblock on him. She watches him play near the water. She checks how deep the water is before he goes in.
Can a Mom Sue a Dad if Their Child Gets Hurt (or Dad Sue Mom)?
Suing the Other Parent: Yes, one parent might be able to sue the other parent. This might happen if one parent thinks the other was not careful. They might think this lack of care caused the child’s injury. This is called being careless or negligent.
How a Lawsuit Works: The parent who starts the lawsuit does it for the child. They try to show the other parent did something wrong. Maybe they didn’t watch the child well enough. Or maybe they let the child do something too dangerous. You can see more about this in our video: Can You Be Blamed if Your Child Gets Hurt on Break?
Why a Parent Might Sue:
- They think the injury could have been stopped.
- They feel the other parent wasn’t careful.
- They want help paying doctor bills.
Problems with Suing:
- It’s hard to prove a parent was truly careless.
- Insurance might not pay for it.
- It can cause problems in the family.
Example – Bike Ride: A child falls off their bike and breaks an arm while with Dad. Mom might think about suing if she believes Dad let the child ride near a busy road without watching.
What Does ‘Careless’ Mean When a Child is Hurt?
Being Careless Explained: Being careless, or negligent, means not acting safely. A parent is careless if they don’t act like a normal careful parent would. It means they did something, or didn’t do something, that put the child in danger when they shouldn’t have.
Showing Fault: To show a parent was careless, four things must be true. One, the parent had a job to keep the child safe. Two, the parent did not do that job well. Three, because they failed, the child got hurt. Four, the child suffered harm, like needing a doctor or feeling pain.
Parts of Carelessness:
- Duty: The parent had a job to be safe.
- Breach: The parent failed at that job.
- Cause: The failure led to the hurt.
What is NOT Careless:
- Simple accidents nobody could guess would happen.
- Getting hurt even when the parent was careful.
- Normal risks in activities like playing tag.
Example – Swing Set Fun: A child is playing on a swing at Mom’s house and falls off. If Mom was nearby and the swing was safe, it’s likely just an accident. It probably wasn’t careless.
How Does Insurance Affect Suing a Parent?
Insurance is Important: Insurance is a big deal in these cases. Often, suing only makes sense if insurance will pay for the injury costs. Home insurance is sometimes checked for this.
Rules Against Family Lawsuits: Many home insurance plans now have rules against family lawsuits. They say the insurance company won’t pay if one family member living in the house sues another. This makes it hard to get money from insurance.
Why Insurance Matters:
- Helps pay big doctor bills.
- Makes a lawsuit worth the cost.
- Can help pay for lawyers.
Why Insurance Might Not Pay:
- Rules against family members suing each other.
- The insurance plan has money limits.
- Some risky activities might not be covered.
Example – Bounce House Injury: A child gets hurt in a bounce house at Dad’s party. Mom wants Dad’s home insurance to pay. But the insurance plan might say no because it’s a claim between family members.
Why Did Insurance Stop Covering Family Lawsuits?
How It Used to Be: A long time ago, insurance plans were different. They sometimes paid if one family member sued another for an accident. This led to some odd cases, like a wife suing a husband over a slip and fall at home.
Insurance Companies Changed Rules: Insurance companies noticed lots of lawsuits between family members. They worried some families might try to cheat the system. So, they added rules to stop paying for these kinds of lawsuits.
Why Rules Changed:
- Too many lawsuits inside families.
- Worry about fake claims.
- Trying to keep insurance prices lower.
What The New Rules Mean:
- Harder to get insurance money for family injuries.
- A lawsuit might mean taking the parent’s own money.
- You must read insurance plans very closely.
Example – Then vs. Now: Years ago, if a husband accidentally hurt his wife at home, insurance might have paid. Today, with the same accident, the insurance company would likely refuse to pay because of the family lawsuit rule.
What Was the Story About the Laundry Chute?
A Lawyer’s Old Case: The speaker told a story about a case from long ago. A wife got hurt by her husband by accident. They were trying to clear out clothes stuck in a laundry chute. He pushed a hockey stick down the chute, and it hit her nose.
Insurance Paid Back Then: In those days, the home insurance did not have the rule against family lawsuits. The wife sued her husband for being careless. The insurance company paid her a lot of money for her broken nose.
Parts of the Story:
- An accident between a husband and wife.
- It happened inside their house.
- Insurance paid the money then.
What the Story Shows:
- Insurance rules are different now.
- Accidents can sometimes lead to lawsuits.
- It shows what being careless can mean.
Example – If It Happened Today: If that same laundry chute accident happened now, insurance probably would not pay. The rule against family lawsuits would stop the payment. The family would have to cover the costs themselves.
Is Suing the Other Parent Bad for the Family?
Hurting the Family: Suing the other parent can cause big problems. It can make parents angry at each other. It can make it hard for them to trust each other. The child might feel stuck in the middle or sad.
Making Co-Parenting Hard: Think about how a lawsuit affects working together as parents. Holidays, school events, and just talking about the kids can become very hard. The anger from a lawsuit can hurt how parents raise their child together. Handling Michigan Family Law issues takes care.
Bad Things That Can Happen:
- More fighting between parents.
- Sadness or stress for the child.
- Makes it hard to be good co-parents.
Things to Think About:
- Can we solve this without going to court?
- How will this affect our child long term?
- Are there other ways to pay the bills?
Example – Parents Stop Talking: Mom sued Dad after their daughter fell from a treehouse Dad built. Now they only talk through lawyers. This makes planning the daughter’s summer visits very difficult and upsetting for her.
Who Gets the Money if a Child’s Lawsuit Wins?
Money is for the Child: If a lawsuit over a child’s injury wins, the money is for the child. The parent who filed the lawsuit does not get the money for themselves. The money is meant to help the child, pay bills, and cover future needs.
Keeping the Money Safe: The money is usually put in a special bank account or trust. The child cannot touch it until they grow up (usually age 18). A court often oversees how the money is kept safe and used.
What the Money Pays For:
- Doctor and hospital bills.
- Special therapy or help later on.
- Payment for the child’s pain.
Rules for the Money:
- Often need a judge’s okay to spend it.
- Locked away until the child is an adult.
- Must only be used to help the child.
Example – Court Protects Funds: A child receives money after being hurt in an accident. The judge orders the money into a special account. The parents must ask the judge before using any money for the child’s needs until the child is 18.
What Things Decide if a Lawsuit Makes Sense?
Things to Look At: Deciding to sue depends on many things. How bad is the injury? Can you really prove the other parent was careless? A big problem is often whether insurance will pay.
Real Life Issues: Besides the law, think about the family. Does the other parent have enough money to pay if insurance doesn’t? How much stress will a lawsuit cause everyone? Talking to Michigan Divorce & Family Law Attorneys can help figure this out.
Legal Things:
- How strong is the proof of carelessness?
- How bad is the injury and how much did it cost?
- What do the state laws say?
Practical Things:
- Will any insurance policy pay?
- Does the other parent have money or property?
- How will it affect getting along as parents?
Example – Small Injury: A child gets a cut that needs a few stitches while playing tag with Dad. Suing Dad doesn’t make much sense. The injury isn’t severe, proving carelessness is unlikely, and it could harm the family.
What is a “Next Friend” in Court?
Speaking for a Child: Kids can’t start a lawsuit by themselves. An adult needs to do it for them. Usually, this is a parent or guardian. The court calls this adult the “”next friend.””
Job of the Next Friend: The next friend makes choices during the lawsuit for the child. Their main job is to do what is best for the child. They talk to the lawyers and help move the case forward. Understanding roles like this is part of Michigan Child Custody cases.
What They Do:
- Start the lawsuit papers.
- Talk with the lawyers often.
- Make choices that help the child.
What They Can’t Do:
- Keep the lawsuit money for themselves.
- Must always put the child first.
- Might need a judge’s okay for big choices.
Example – Starting the Case: Dad thinks Mom’s mistake led to their son’s playground injury. Dad hires a lawyer and files the lawsuit. The court papers list Dad as the “”next friend”” for his son.
Does it Matter if the Other Parent is Rich?
Paying Without Insurance: If home insurance won’t pay for a family lawsuit, suing might seem useless. But if the parent being sued has a lot of money or property, it might still be possible to get paid. Lawsuits cost money, though.
Getting the Money: Winning a lawsuit is one thing. Getting the money is another. If the parent who lost doesn’t have insurance or money, you might win but never get paid. The judgment award might be just a piece of paper.
How Wealth Matters:
- Makes getting paid possible without insurance.
- Could affect the choice to sue.
- Does not change the need to prove carelessness.
Problems if Parent Isn’t Rich:
- Hard to collect any money won.
- The lawsuit might cost more than you get.
- Lawyers might not want to take the case.
Example – Rich vs. Not Rich: If Mom is very wealthy, Dad might sue over their child’s injury even if insurance won’t pay. If Mom struggles with money, Dad might decide not to sue because he knows she cannot pay.
What Should Parents Think About Before Suing?
Thinking it Through: Before suing the other parent, stop and think. Look closely at your reasons. How strong is your case? What are the real chances of getting money? And how much will this hurt the family relationships?
Talk to a Lawyer: It is smart to talk to a family lawyer. They know the rules about carelessness and insurance. They can tell you if your case is strong and what might happen. This is important for issues like Parenting Time in Michigan too.
Questions to Ask Yourself:
- How clear is the proof the other parent was careless?
- Is there any insurance that might pay?
- How will this affect our child and how we parent together?
Other Ways to Handle It:
- Talking directly to the other parent calmly.
- Using a helper (mediator) to solve the problem.
- Making plans so it doesn’t happen again. Maybe talk about How to Change Child Custody in Michigan rules if needed for safety.
Example – Talking Instead of Suing: A child gets hurt on Dad’s trampoline. Instead of suing, Mom and Dad meet with a mediator. They agree Dad will add a safety net and supervise more closely, avoiding court.
Extra Insight – Accidents Happen:
When a child gets hurt, everyone feels bad. But not every accident means someone did something wrong legally. Sometimes, things just happen even when parents are careful.
Extra Insight – Put the Child First:
No matter what parents decide about lawsuits, the child needs support. Fighting between parents makes healing harder for a child. Working together is often better than fighting in court, especially when dealing with Michigan Divorce & Child Custody fallout.
Frequently Asked Questions:
1. Can I sue my ex if our child broke a bone with them?
You might be able to. But you must show your ex was very careless, and this carelessness caused the injury.
2. What does it mean for a parent to be careless? It means they didn’t watch the child or act safely like a normal parent should. It has to be more than
a simple mistake.
3. Will my ex’s home insurance pay if they caused the injury?
Probably not. Most plans have rules saying they won’t pay for lawsuits between family members living there.
4. Why did insurance stop paying for family lawsuits?
Companies worried about costs and fake claims. They added rules to stop paying when family members sue each other.
5. If I win money for my child, do I get it?
No, the money is legally the child’s. It’s kept safe until they are an adult, usually 18.
6. What’s a “next friend” again?
It’s the adult, usually a parent, who starts a lawsuit for a child because kids can’t sue alone.
7. Should I sue if my ex has no money or insurance?
It might not be worth it. You might win the case but never be able to collect the money.
8. How does suing the other parent affect us?
It can cause a lot of anger and fighting. It makes it hard to parent together and can upset the child.
9. What if my child got hurt just playing a game?
Getting hurt during normal play doesn’t always mean someone was careless. Accidents happen in games and sports.
10. Does it matter where the child got hurt?
Not really. What matters is if the parent watching was unreasonably careless, no matter if it was at home or on vacation.
11. My child got hurt with my ex. What do I do first?
Take care of your child’s health first. Get medical help. You can think about legal steps later.
12. Are there ways to solve this without suing?
Yes. You can talk to the other parent, use a mediator, or agree on safety rules for the future.
Legal Questions Need Answers: Figuring out if one parent is to blame for a child’s injury is tricky. You need to understand carelessness, insurance rules, and how it affects your family. Getting advice for your own situation is key.
Talk to Us: Have questions about a parent’s duty, child injuries, or family law? Goldman and Associates can help. Call or text (248) 590-6600 for a free chat. Visit ChooseGoldman.com to see how our Michigan family lawyers can assist you