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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44871
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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About 1 year ago, 4 year old son of girlfriend damages £1300

Customer Question

About 1 year ago, 4 year old son of girlfriend damages £1300 TV. On arriving, his mother warns him to be on his best behaviour and not to damage anything. Few hours later, 4 yr old ran down hallway, dived 6ft across room hitting a bean bag with such force that it projects a metal car into the TV about 6-8ft away. Girlfriend was sitting on the couch beside it as it happened. Girlfriend paid £100 as that was all she could afford at the time, what are my options to collect the remainder? There is no insurance.
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Collecting the money for the damage caused is going to be rather difficult I’m afraid. Legal liability will rest with the child personally, not with their parent or carer. Also you must be able to show that the actions by the child were negligent, which for a 4 year old will be very difficult – after all children play around, are boisterous and will not have the same understanding of what is likely to cause damage and what is not.

So even if you can prove that the child’s actions were negligent you will have to pursue them personally, not their parents. I very much doubt that a 4 year old will have £1200 available to pay you for the damage they caused so pursuing them is likely to be pointless.

The other option is to try and argue that the parent was negligent in not controlling their child properly. However, if the child had not displayed any concerning behaviour on an ongoing basis and they just got ‘carried away’ at that particular moment it would be again quite difficult to place liability on the parent for not properly controlling their child.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide that you want to pursue the parent, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 5 months ago.

My response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to continue ssisting with the more detailed informaiton in relation to this? In the meantime I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 5 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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