My son was in a fight...could we be sued?

[NYcountrygirl]

My son came home crying. Some kid punched him in the eye, and it was puffy and bruising. He couldn't see out of it tonight, but I think it was because of the crying and swelling. It didn't appear to be horribly damaged. He told me this kid came up to him while they were playing football, and punched him in the eye, so my son punched him back. When the kid got up to punch him again, my son punched him again in self defense. Another boy saw it and brought Jevan home, and told me that's what happened.

I wanted to take my son to urgent care, but he refused. My son is 12, and the other kid is 11 (I believe).

About 1.5 hour later, the cops came to our door to find out what happened. Took our story down, and told us that the other kid said my son punched him for no reason, and his friends were there saying the same thing. I told the cop about another kid seeing it, and the cop went to see him as well. The cop also told us that the parents called for an ambulance who told the parents that he should be checked out, since the kid had a bloody face. The cop told me that since the other kid looked more beat up than my kid, that chances are my kid is more at fault. Are you kidding me????? The cop told me to tell my son that if he's to get hit, then my kid should walk away. I asked the cop, "so if someone punches you in the face, you'd just walk away?" And the cop said, well, I guess I'd have to defend myself, but I saw the other kid, and he's pretty bloody. Oh, so the other kid is a bleeder and that is my son's total fault?

The cop told me and the other parents that we had to deal with our sons ourselves.

I'm so scared that now the other parents will sue us or something! Can we be sued even if it was a "he said he said" situation? I mean, this is rediculous. I did take pics of my son's face. It's a bit bruised, and a puffy eye (and redness to it). I have no money at all!! How do we defend ourselves? I'm so scared. I'm in NY if that makes a difference.

added: I believe my son....he has never gotten into any fights ever. He's a good kid, and helpful. He was so upset at this situation, and he cried for nearly 2 hours about it. (he never does that). Also, he was so depressed about it, and saddened, that his 2 sisters felt so bad they went to his bedroom and bunked with him for the night. How sweet was that?

 

[mommyof3co]

I'm sure you probably could be sued, like for medical bills since they called the ambulance and had him checked out. You can sue for anything in the US. BUT whether they'd actually win with it being a he said/she said is another thing. I'd probably attempt to talk to the other parents and see where they are on things, explain your son's side without just blaming their kid and go from there.

 

[NYcountrygirl]

I can't understand why they called an ambulance for a bloody nose. why the heck didn't they drive him to urgent care? I mean, an ambulance ride in our district costs apx $600. It's soooo expensive. I could see if the kid was unconcious, or seizures, or not breathing, but a nose bleed?

I'm so shy, and going over there makes me scared that they will yell at me. I have high anxieties about it. I know I should go over there, but I'm scared about it. I'm such a wimp.

 

[JASMAK]

I think the way the law reads is if they punch you, you can hit back IF you cannot leave??? Not sure, plus I am in another country. I hope he doesnt sue, but I think alot of americans do, dont they? Hope your sons eye is ok. Sounds horrible!

 

[eebee]

Could you arrange a meeting with the kid's parents in the school with the headteacher as mediator? That way you don't have to go knocking on their door and they are less likely to go off on one because they aren't in their own home?

I can't believe they actually called the police and an ambulance!

 

[mommyof3co]

I'm pretty sure the law is in the US that you can defend yourself, if someone hits you first and you hit back it's self defense..but the problem would be it's he said/she said.

I agree it's ridiculous to call an ambulance over that!

 

[Mummy2B21]

Oh dear I hope your son is ok bless him, Id be proud hrs stuck up for himself and showed that kid he isn't a walkover, I dont think the courts would be very interested due to lack of harf evidence who hit first etc children witnesses are not always 100% reliable I wouldnt loose any sleep over it hun, Maybe write them a letter if you dont feel strong enough to go by x

 

[Amarna]

Sure they could sue you. But with it being he said, she said and with you both having witnesses that back up each story it wouldn't be very likely to go anywhere. I don't quite understand why they called an ambulance, seems really unnecessary and a waste of resources. I think trying to talk to the other parents with a mediator present is a good idea. I hope your son is okay!