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Old 18.03.2010, 23:05
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Re: Son accidentally damages another child's jacket - liability?

p.s. do you really want to escalate this situation? its not easy being a 13/14 year old. why add to the tension?
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  #42  
Old 18.03.2010, 23:06
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Re: Son accidentally damages another child's jacket - liability?

I dunno, if it were ME, I'd have my Swiss HUSBAND (the one with the common language) call the boy's parents.

Regardless of the circumstances, if your son damaged the jacket AND someone from the family has tried multiple times to get this resolved, the next step imo is the responsibility of YOUR family. Why make them (regardless of who is making the phone calls, perhaps the son is the only one who can speak English with you) keep chasing you down?

So far, all you really have are these things:
A case of he-said / he-said... your son says the other boy threw a punch, the boy says your son is responsible for damage to his jacket... who knows what the truth is - it's not like 13 / 14 year old kids are known for telling "the truth, the whole truth and nothin' but the truth."
More than one phone call from the boy's family (as represented by the boy) to your family to discuss recompense for the damages.



Keep in mind that kids in Switzerland are very different from kids in many "English-speaking areas" - while the US is what I'm familiar with and what comes to mind for me (of course) - the reaction of some of the folks from Aus and UK with regards to things behaviors and expectations of children here, I do not find it surprising in the least that a 13 / 14 yo boy here would be expected to handle things himself.

After all, he's (presumably) been able to find his way to school all by himself since he was 4 - not many American kids are even allowed (let alone expected) to wait at a bus stop across the street from their house at 10 let alone the ages Swiss kids are left to their own devices.


So, again, quit dilly-dallying and speculating and have your husband call them. Seems a relatively simple way to get to the bottom of things.
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Old 18.03.2010, 23:08
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Re: Son accidentally damages another child's jacket - liability?

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your husband is swiss and he is not weighing in on this?

we live in switzerland.

1. parents teach their children to handle their own lives. even in school the situation is between the child and the teacher not the teacher and the parent. the mother is simply following a swiss cultural moray by not approaching you on the phone directly. its for her son to solve with her support for him directly.
Just like the 1st grade Swiss teacher that smacked a kid upside the head for forgetting her homework. She did this in front of the mother. That's acceptable in Swiss culture?
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  #44  
Old 18.03.2010, 23:14
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Re: Son accidentally damages another child's jacket - liability?

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your husband is swiss and he is not weighing in on this?

we live in switzerland.

1. parents teach their children to handle their own lives. even in school the situation is between the child and the teacher not the teacher and the parent. the mother is simply following a swiss cultural moray by not approaching you on the phone directly. its for her son to solve with her support for him directly.

2. 13/14 are not young children. they are not 'on the playground' in a slide/swing/monkey bars sense. that they where having any sort of physical altercation at this age (and yes, pulling someone's jacket falls under physical altercation) is unacceptable.

3. if your child does any damage to anything or any one outside of your own home then you are responsible. accident or not. provoked or not. if your child decided to retaliate or initiate is irrelevant in this case. both the children seem to concur that your son damaged the jacket. either acceptably repair the damage or purchase a new jacket.

4. if you need to take it beyond what appears to be a simple truth and remedy - a damaged jacket needs to be either replaced or repaired. your son did the damaging. you are responsible for your son. he in turn is learning to be responsible for himself. may i suggest the following options (at least one already having been expressed in this thread)

- learning experience. let the boys sort it out themselves at school. let them both approach their teacher(s) administrator(s) together and ask for assistance in coming up with a remedy. both boys then living with the 'verdict' and the consequences of their individual actions. parents staying out of it unless a wallet needs to be opened.

- referee: contact your insurance company.

- mutual responsibility. get confirmation on the cost of the jacket (yes, not surprisingly jackets are expensive these days particularly if it was a ski/winter jacket and particularly in switzerland) if possible. put a price on your son's responsibility for the damage as a percentage of the cost. 50/50%? perhaps even have then sit down face to face and decide between them. pay the amount and then have your son work off the money to account for his responsibility in the matter. dishes? window washing? clean the garage?
I did not say that my husband is not contributing on this. He simply is not here this evening. He is more than willing to speak to one of the parents and we sent them a written note confirming this.
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  #45  
Old 18.03.2010, 23:18
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Re: Son accidentally damages another child's jacket - liability?

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your husband is swiss and he is not weighing in on this?

we live in switzerland.

1. parents teach their children to handle their own lives. even in school the situation is between the child and the teacher not the teacher and the parent. the mother is simply following a swiss cultural moray by not approaching you on the phone directly. its for her son to solve with her support for him directly.

2. 13/14 are not young children. they are not 'on the playground' in a slide/swing/monkey bars sense. that they where having any sort of physical altercation at this age (and yes, pulling someone's jacket falls under physical altercation) is unacceptable.

3. if your child does any damage to anything or any one outside of your own home then you are responsible. accident or not. provoked or not. if your child decided to retaliate or initiate is irrelevant in this case. both the children seem to concur that your son damaged the jacket. either acceptably repair the damage or purchase a new jacket.

4. if you need to take it beyond what appears to be a simple truth and remedy - a damaged jacket needs to be either replaced or repaired. your son did the damaging. you are responsible for your son. he in turn is learning to be responsible for himself. may i suggest the following options (at least one already having been expressed in this thread)

- learning experience. let the boys sort it out themselves at school. let them both approach their teacher(s) administrator(s) together and ask for assistance in coming up with a remedy. both boys then living with the 'verdict' and the consequences of their individual actions. parents staying out of it unless a wallet needs to be opened.

- referee: contact your insurance company.

- mutual responsibility. get confirmation on the cost of the jacket (yes, not surprisingly jackets are expensive these days particularly if it was a ski/winter jacket and particularly in switzerland) if possible. put a price on your son's responsibility for the damage as a percentage of the cost. 50/50%? perhaps even have then sit down face to face and decide between them. pay the amount and then have your son work off the money to account for his responsibility in the matter. dishes? window washing? clean the garage?
No mention of the assault on her kid. So it's fine for him to punch?
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  #46  
Old 18.03.2010, 23:19
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Re: Son accidentally damages another child's jacket - liability?

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I dunno, if it were ME, I'd have my Swiss HUSBAND (the one with the common language) call the boy's parents.

Regardless of the circumstances, if your son damaged the jacket AND someone from the family has tried multiple times to get this resolved, the next step imo is the responsibility of YOUR family. Why make them (regardless of who is making the phone calls, perhaps the son is the only one who can speak English with you) keep chasing you down?

So far, all you really have are these things:
A case of he-said / he-said... your son says the other boy threw a punch, the boy says your son is responsible for damage to his jacket... who knows what the truth is - it's not like 13 / 14 year old kids are known for telling "the truth, the whole truth and nothin' but the truth."
More than one phone call from the boy's family (as represented by the boy) to your family to discuss recompense for the damages.



Keep in mind that kids in Switzerland are very different from kids in many "English-speaking areas" - while the US is what I'm familiar with and what comes to mind for me (of course) - the reaction of some of the folks from Aus and UK with regards to things behaviors and expectations of children here, I do not find it surprising in the least that a 13 / 14 yo boy here would be expected to handle things himself.

After all, he's (presumably) been able to find his way to school all by himself since he was 4 - not many American kids are even allowed (let alone expected) to wait at a bus stop across the street from their house at 10 let alone the ages Swiss kids are left to their own devices.


So, again, quit dilly-dallying and speculating and have your husband call them. Seems a relatively simple way to get to the bottom of things.
My Swiss husband will accept a call from one of the parents of the boy. No one in the family has tried multiple times to make contact with us. The other boy has rung twice - tonight being the second time. I did not speak English with him, we spoke in German. He does not have to keep chasing us down. We sent him a letter saying when his mother could contact us and she didn't bother.

I have not said "..he said, she said.." but simply given a representation of the facts as agreed by all parties.

Although the other family obviously seem to expect their son to deal with the matter on his own - can they really expect our 13 year old to stump up CHF 400 without the involvement of his parents.
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Old 18.03.2010, 23:38
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Re: Son accidentally damages another child's jacket - liability?

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My Swiss husband will accept a call from one of the parents of the boy. No one in the family has tried multiple times to make contact with us. The other boy has rung twice - tonight being the second time. I did not speak English with him, we spoke in German. He does not have to keep chasing us down. We sent him a letter saying when his mother could contact us and she didn't bother.

Why not call them? Why wait for them to call you?

The boy has called twice - that is multiple, is it not?



Look, it sounds to me like you are perhaps doubtful regarding the motives of the boy. I do not blame you.

Who knows if the boy maybe intercepted the note, who knows if his parents even know about it really?

The very best way to get to the bottom of things is for YOU (or your hubby) to call THEM... or perhaps even go over to their house and speak to an adult in person.
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  #48  
Old 18.03.2010, 23:39
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Re: Son accidentally damages another child's jacket - liability?

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No mention of the assault on her kid. So it's fine for him to punch?

Apparently you don't know many 13 / 14yo boys?

I've got a hint for you: much like puppies, they tend to be a bit rough in their play.
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  #49  
Old 18.03.2010, 23:41
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Re: Son accidentally damages another child's jacket - liability?

Well if this happened in England, and I had punched a kid and run away like a little sissy, and then the other kid caught me ripping my coat, my parents would punish me for hitting another kid, would make me apologise to the other kid. Then my pocket money would be docked until I had paid for a new jacket.

But then again this is Switzerland, and as they say in rome do as the romans do, take your kid to a psy to make sure there has been no long term trauma, take him to the doctor to make sure that there is no hairline fracture from the punch and send the bill to the parents.

In order for them to get reimbursed they have to provide you with a receipt belonging to the jacket which will then have to be submitted to your household insurance who will cover the cost (that's what the responsability civil is for) if they can't produce a receipt then there will be no reimbursement.

Also tell them that you will be filing a formal complaint to the police for an unprovoked attack on your kid on the grounds of GBH and anti social behaviour.

Maybe this will shut them up
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Old 18.03.2010, 23:51
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Re: Son accidentally damages another child's jacket - liability?

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My Swiss husband will accept a call from one of the parents of the boy. No one in the family has tried multiple times to make contact with us. The other boy has rung twice - tonight being the second time. I did not speak English with him, we spoke in German. He does not have to keep chasing us down. We sent him a letter saying when his mother could contact us and she didn't bother.

I have not said "..he said, she said.." but simply given a representation of the facts as agreed by all parties.

Although the other family obviously seem to expect their son to deal with the matter on his own - can they really expect our 13 year old to stump up CHF 400 without the involvement of his parents.

I didn't read the whole thread, but have you met the boy? A plausible explanation is the boy is keeping the story away from his parents. Perhaps he's afraid of his parent's reprimand, and may even be a nice kid. Why don't you or your husband check him out?
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  #51  
Old 19.03.2010, 00:21
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Re: Son accidentally damages another child's jacket - liability?

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I think this is probably the best idea.

Our neighbour bought someone a new pair of trousers after her dog "teethed" (i dont know if they were ripped or not) the other trousers. All parties were swiss (even the dog). It seems the done thing here to replace stuff that you damage.

In saying that, this seems to be a situation that might need to be discussed with the teacher. Who is to say that your son really caused the damage on the jacket? And who is to say that the other boy didn't cause any damage? 400chf on a kids jacket?!
Exactly! I agree with most of the other posters, something sounds fishy with this story and I will not negotiate anything like that with a child. If the parents will not talk to me then oh well their loss. Plus there's too mch heresay and he said she said and her son's word against your son etc. No witnesses and how do you know the rip wasn't already in the coat in the first place. No before & after pictures, so who's to know your son even really caused the rip? Who's to know if the coat really cost 400CH or 4.00ch. LOL! No, there's no way. If the parents will not get involved then don't negotiate with a child I smell a lie in there. The boy could be making all of that up and the parents may not even know he's doing that. In this case I would wait until the parents talk to you or wait until you get some kind of court papers or something for small claims court. There they have to provide some kind of proof and the burden is on them to prove your son did it. So no, don't worry about. Now when it's a clear case of your son damaging something and you know he did it or there are witnesses etc. then I would say pay, but the way this whole thing is being handled sounds very fishy. Don't let a 13yr old kid con you.
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  #52  
Old 19.03.2010, 00:36
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Re: Son accidentally damages another child's jacket - liability?

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I would agree with you, although I have to say that he was pretty confident. He kept pushing his point and challenging me as to where exactly my husband was. When I said that I wanted to deal with an adult, he said that he was old enough to deal with the situation.

To be honest, he seriously got on my nerves.
I would have told him don't call back until your parent will talk to me and hung up. LOL!

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your husband is swiss and he is not weighing in on this?

we live in switzerland.

1. parents teach their children to handle their own lives. even in school the situation is between the child and the teacher not the teacher and the parent. the mother is simply following a swiss cultural moray by not approaching you on the phone directly. its for her son to solve with her support for him directly.

2. 13/14 are not young children. they are not 'on the playground' in a slide/swing/monkey bars sense. that they where having any sort of physical altercation at this age (and yes, pulling someone's jacket falls under physical altercation) is unacceptable.

3. if your child does any damage to anything or any one outside of your own home then you are responsible. accident or not. provoked or not. if your child decided to retaliate or initiate is irrelevant in this case. both the children seem to concur that your son damaged the jacket. either acceptably repair the damage or purchase a new jacket.

4. if you need to take it beyond what appears to be a simple truth and remedy - a damaged jacket needs to be either replaced or repaired. your son did the damaging. you are responsible for your son. he in turn is learning to be responsible for himself. may i suggest the following options (at least one already having been expressed in this thread)

- learning experience. let the boys sort it out themselves at school. let them both approach their teacher(s) administrator(s) together and ask for assistance in coming up with a remedy. both boys then living with the 'verdict' and the consequences of their individual actions. parents staying out of it unless a wallet needs to be opened.

- referee: contact your insurance company.

- mutual responsibility. get confirmation on the cost of the jacket (yes, not surprisingly jackets are expensive these days particularly if it was a ski/winter jacket and particularly in switzerland) if possible. put a price on your son's responsibility for the damage as a percentage of the cost. 50/50%? perhaps even have then sit down face to face and decide between them. pay the amount and then have your son work off the money to account for his responsibility in the matter. dishes? window washing? clean the garage?
Ooooooh this explains it a little bit then if this is true. I wasn't aware of the cultural difference in how the situations are handled. I see. Wow that is interesting. I was thinking the kid was a little con artist. LOL! That's why it helps to have a Swiss partner to explain things like this. LOL!
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  #53  
Old 19.03.2010, 00:46
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Re: Son accidentally damages another child's jacket - liability?

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I dunno, if it were ME, I'd have my Swiss HUSBAND (the one with the common language) call the boy's parents.

Regardless of the circumstances, if your son damaged the jacket AND someone from the family has tried multiple times to get this resolved, the next step imo is the responsibility of YOUR family. Why make them (regardless of who is making the phone calls, perhaps the son is the only one who can speak English with you) keep chasing you down?

So far, all you really have are these things:
A case of he-said / he-said... your son says the other boy threw a punch, the boy says your son is responsible for damage to his jacket... who knows what the truth is - it's not like 13 / 14 year old kids are known for telling "the truth, the whole truth and nothin' but the truth."
More than one phone call from the boy's family (as represented by the boy) to your family to discuss recompense for the damages.



Keep in mind that kids in Switzerland are very different from kids in many "English-speaking areas" - while the US is what I'm familiar with and what comes to mind for me (of course) - the reaction of some of the folks from Aus and UK with regards to things behaviors and expectations of children here, I do not find it surprising in the least that a 13 / 14 yo boy here would be expected to handle things himself.

After all, he's (presumably) been able to find his way to school all by himself since he was 4 - not many American kids are even allowed (let alone expected) to wait at a bus stop across the street from their house at 10 let alone the ages Swiss kids are left to their own devices.


So, again, quit dilly-dallying and speculating and have your husband call them. Seems a relatively simple way to get to the bottom of things.
Okay with this new information I would definately go over to the kid's house to talk to the parents then to straighten things out and at least verify, that this happened and that they want the kid to handle it on his own. The Swiss raise their kids to be strong. That is interesting.

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Just like the 1st grade Swiss teacher that smacked a kid upside the head for forgetting her homework. She did this in front of the mother. That's acceptable in Swiss culture?
Now that's awful and what did the parent do?? Hitting is not acceptable.
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  #54  
Old 19.03.2010, 06:59
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Re: Son accidentally damages another child's jacket - liability?

Just to clarify ... the mother, at least, of the other boy certainly knows what is going on. During both phone calls she was in the background, in the first call shouting out instructions (in Swiss German) to her son and in the second call to my son which I took, he repeatedly referred to her. I asked him several times to put her on the 'phone, but she would not speak to me.

The Swiss do bring up their kids to "get on with things" themselves, that is true. However, I've lived here for nearly 20 years. My kids are born here and have always been in the local school system. I have never experienced anything like this before.

I know that jackets can be expensive, but I seriously doubt this one cost that much. It's not a ski jacket. My son said it was lightweight and bright orange. The boy referred to it as a "Windstopper". Several brands carry windstopper jackets (following a bit of Internet research) and none I found cost anything like that amount.

As one poster said, I can't really be sure that the damage was not already there before the playground fracas with my son. I also feel that once a person instigates an aggressive act on another then they must be prepared to take (at least some of) the consequences. In the same way, that if I was mugged and somehow managed to hit back damaging some item of the muggers property I wouldn't be offering to pay for it.

I think the parents of the child should contact us as they want something from us.

Obviously I don't want this to spill over into school for my son. I have told him today not to mention the incident to the other kid, but that if he does, my son should say that it is a matter for the parents to sort out. It will be interesting to see if anything further happens today.

Thanks for all your comments.
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Old 19.03.2010, 07:59
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Re: Son accidentally damages another child's jacket - liability?

This is really a load of crap. I agree with all the other posters who point out that (1) the other kid brought it upon himself when he attacked your son without provocation, and (2) he can't prove and/or hasn't proven that your son damaged the jacket. Further, your son was clearly trying to make a citizen's arrest so any damage that may or may not have occurred happened in the course of law enforcement.

Have your son explain to the other kid that he doesn't have a job and doesn't have chf 400 so if the other kid wants to sue him, go ahead. There's nothing to be gained. If he wants money from another party (i.e., you), then he needs to provide (1) proof that your son caused the damage, (2) a receipt for the jacket, (3) the jacket in question so that it can be inspected to see the extent of the damage, whether it can be repaired, and an estimate of the repair costs, (4) a written apology for punching your son without provocation (could be useful in the future...), (5) a time when his parents would be available to meet with you to discuss the situation.

I fully understand that kids in CH have a great amount of independence and parents encourage them to sort out problems on their own. To a great extent, this is a good thing. But many people seem to be glossing over the fact that the other kid instigated the incident and the fact that these kids are still legally minors, even in CH. Therefore, the parents must be involved unless they want this to go around and around without resolution.
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Old 19.03.2010, 08:14
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Re: Son accidentally damages another child's jacket - liability?

Yes .. thanks, I agree with you and think the note of apology for throwing the punch is a really good idea.

My son really didn't do anything much other than to grab the other kid's hood to stop him when running away following the unprovoked punch. Once he had caught up with him, he didn't hit back but simply remonstrated with him. The other kid even confirmed this himself, the verb he was used was "schimpfen".

Thanks for your advice.
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Old 19.03.2010, 08:18
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Re: Son accidentally damages another child's jacket - liability?

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What so my premium goes up due to a robbing family?
we don't know yet if they are guilty.....presumption of innocence for the moment.
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Old 19.03.2010, 08:26
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Re: Son accidentally damages another child's jacket - liability?

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.....However, I've lived here for nearly 20 years. My kids are born here and have always been in the local school system. I have never experienced anything like this before......

.....I can't really be sure that the damage was not already there before the playground fracas with my son......

.....hit back damaging some item of the muggers property I wouldn't be offering to pay for it.....

I think the parents of the child should contact us as they want something from us.


......Obviously I don't want this to spill over into school for my son.......

......It will be interesting to see if anything further happens today.

Thanks for all your comments.
20 yrs...so you know more than most of us

I'd wait for the parents too. If they choose not to talk to you, they are choosing not to clear up the situation. You could even tell this to the kid.

And if another kid already had the issue with the belt buckle, then it will be the "bullys" reputation that precedes him, not your sons. (And you know that bullys just try harder next time, to find the boundaries)

The whole incident will have repercussions, whether you pay or not (which I would be inclined not to -if they start getting more narky, then i would ask for the jacket, and mend it myself - but thats just me)

Please let us know what happens at the end of the day
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Old 19.03.2010, 08:33
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Re: Son accidentally damages another child's jacket - liability?

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20 yrs...so you know more than most of us

I'd wait for the parents too. If they choose not to talk to you, they are choosing not to clear up the situation. You could even tell this to the kid.

And if another kid already had the issue with the belt buckle, then it will be the "bullys" reputation that precedes him, not your sons. (And you know that bullys just try harder next time, to find the boundaries)

The whole incident will have repercussions, whether you pay or not (which I would be inclined not to -if they start getting more narky, then i would ask for the jacket, and mend it myself - but thats just me)

Please let us know what happens at the end of the day
I'll certainly let you know what the outcome is.

Mending it myself would only be a revenge as my needlework skills are poor at best.
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Old 19.03.2010, 08:36
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Re: Son accidentally damages another child's jacket - liability?

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I wonder if anyone could give me any advice on how to handle a situation which arose recently.

My son is in the first year of the Sek. During the morning break a boy in his class came over and punched him on the arm. My son gave chase to this boy and grabbed him by the hood of his jacket. Pretty normal playground activity for boys aged 13/14.

However that evening the other child rang my son and said that the hood of his jacket was damaged and that my son would have to pay for it. The boy's mother was in the background but did not come to the 'phone nor did she ask to speak to me. My son said that he would talk to his parents about the matter.

I told my son to apologise for the damage at school the next day and tell the boy that his mother or father could ring us to discuss. The following day the boy said that it was up to us to call his mother and so we sent a brief written note stating that we were aware that accidental damage had been caused to an item of the boy's clothing following an unprovoked attack on our son and that if the parents thought there was anything further to discuss they could ring us. We heard nothing.

Tonight, some 3 weeks later, the boy rang and spoke to me (again his mother was in the background but refused to come to the 'phone). I said that we preferred it if one of his parents discussed the matter with my husband (due to my language ability) but explained that my husband was not at home as he was with clients. I said the boy's mother or father could call us on Monday. We then got into a protracted wrangle about who should ring who, ending with me stating that I simply would not discuss the matter with a child. During the conversation the boy told me that the jacket was brand new and cost CHF 400. Having been at a school visit day today and seeing the boy in question, I rather rudely told him that he didn't look like he wore clothes costing this sort of amount. He said that the jacket was a "windstopper" and assured me that this was the cost.

Naturally, I don't want my son damaging other people's property but am really unsure of how to handle this. I find it very odd that the other boy's parents won't get involved and expect me (or more accurately my son) to hand over CHF 400. Obviously I can ask them to produce a receipt and we need to check whether we have accidental damage liability insurance for our kids - a question the other boy asked me.

We are new to the area and I don't want to create bad feeling with other parents and obviously don't want any backlash at school for my son. On the other hand another boy told me that this family are weirdos and that he once had to pay CHF 5 when he damaged a buckle on this kid's belt.

Any advice or opinion would be gratefully received. Thanks in advance.
Invite these people round for a coffee and talk with them, from what you say above it sounds like you want to clear things up so ask them what you can do? They will probably say no problems its just a jacket, and he needed a new one any way....just don't let it all get out of hand.
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