Schoolyard Liability: Who is Responsible?

Questioner

Last spring, a fall occurred in the playground of a grade 8 elementary school. It was recess. The children were playing tag. My son is accused of causing another boy to fall by "paw-hooking." This caused the other boy to damage his teeth (he had braces). Because a conversation with the principal, his mother, and I couldn't prove that this actually happened by "paw-hooking," and moreover, my son insists he didn't do it, we ultimately dropped the case. There was supposed to be one other boy who might have seen something, but we (the mother of the boy with the dental problem and I) felt it was going too far to go and talk to the principal in his office while we were there. Today (a year later), I received a message that the boy had more damage to his teeth than initially thought. They were able to see this now that the braces are removed. The mother has returned to me and is holding me responsible for the damage, either through my liability insurance or from my own pocket. I was wondering what to do? Isn't the school liable for such things that happen during school hours, even if it's lunchtime? If not, who is?

Questioner

Dear questioner, Whether and who is liable for the boy's injuries depends on the exact circumstances of the damage. That's difficult for me to assess based on your story. Moreover, the boy's parents must prove liability and damages. If they cannot, no compensation is due. From your explanation, I understand you have third-party liability insurance. I recommend reporting this matter to them. If they offer coverage, they will assess liability and, if necessary, pay damages. Good luck.

Questioner

Dear questioner, The law is based on the principle that everyone bears their own losses. There must be something special going on to justify passing on the losses and holding someone else liable for them. Parents are responsible and liable for the harm their child causes if he or she commits an unlawful act. In your son's case, however, there is no unlawful act, but rather an unfortunate outcome to a play situation common to young children, boys! So the answer to your question is that the parents themselves should bear the damage to their son's teeth, not you.