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Advice re civil case involving my 6 year old son

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Arresto Menor
Good day!

I am seeking legal advice with regards to this matter:

I have a 6 year old son who has a 7 year old playmate. They play everyday usually with my son's bike. The day the accident happened I was in the office and the mother of the playmate was in their house. As per my son and my daughter's story, my son and 2 other kids were pushing the broken bike so it will move while the 7 year old playmate was riding. While the 3 kids were pushing,the one riding the bike bumped off a car that was parked on the street and lost control. The 4 of them fell on the ground with the one riding the bike being under all three of them who were pushing. The kid had a big bump on the head and kept on vommiting. When I came home the mother was asking me for financial help which I did not have as of that time since that was my last day of work. the company i worked for declared bankcruptcy.i advised her to get the child to a different hospital that can give them a ctscan without paying for it yet since its an emergency situation. she did not do it, instead they went to the same hospital the next day to get the ctscan. Scan results according to her was cracks or anything. but then the child stayed in the hospital for a week.when they saw that there was no development they insisted to take the child home against doctors orders.they signed a waiver.after 2 days the childs condition worsened and died.they were able to bring the child to another hospital but the doctors there told them that it was already too late and it will only be a matter of hours.the death certificate indicated the cause of death as BASAL MENINGITIS, nothing else. now they filed a case against me and my partner being the parents of the one involved in the pushing.asking us to be responsible for the death of the child and to pay for all the expenses they incurred. we faced each other at the PAO office. i offered that we can give them money in installmments or give them whatever we have if we get work. but she refused. we are financially challenged as of this time since my partner is the only one working as a family driver.what are my chances of winning this? can we ignore this case? this is a bit long but i tried to give all the info i could for this matter.please help me out.thanks in advance.

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it will be the plaintff's burden to show that you or your child was negligent, and it was the negligence that led to the injury.

i'm not a doctor. i looked up basal meningits, but it's too technical for me.

i believe you have a very good chance in this case. putting together the links between the death to your child is not easy.

as callous as it sounds, even if you lose, if you have no properties registered in your name, then there is nothing to execute an award upon.

i get the idea that this is the way the family is dealing with their grief.

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3 same case on Fri Feb 11, 2011 4:07 pm


Arresto Menor
thank you very much for that. another question though...would it be ok if i don't appear for the hearing? it may sound irresponsible but i was able to talk to a lawyer and asked him about this. he said "wag nyo na lang pansinin yan" so im thinking if its possible to not really bother with this case.

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Arresto Menor
you have to attend the hearing. where is the hearing being held? if its in PAO then probably your in voluntary mediation. anyway you cannot be forced to give anything which you cannot afford.they have to get a court order for that. before a court decides on the matter they still have to go to a very tedious and long process since they still have to establish first that your children caused the which case they have to bring their kid to court to testify under oath and be cross examined.i believe the parent of the injured kid has a degree of negligence in allowing her kid to play unguarded and which case there is a probabilty that their case will encounter rough sailing.just the same it is better for you to make known of the amount you are willing to voluntary give them.if they refuse then leave it at that. their remedy then is to get a laweyer and file a civil case for sum of money.

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Arresto Menor
thank you barister98 for your advice. i'll go to the hearing then. i was advised by other people to do that as well so i can air my side.the judge would only consider their side of the story in this case if i don't go. in this case though..the injured child died and i think they did not have an autopsy. thanks again.

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