Could I legally be held responsible for this?

Common sense dictates it's the mother's fault for not watching over her child. Chances are she's just running her mouth because she doesn't want to admit that her kid got hurt because she wasn't watching her. You could consult with a lawyer now, or just wait and consult with one if she ever actually files any paperwork.

My gut says that if she can't afford to pay a babysitter and has her 5 year old running around the neighborhood unsupervised, she probably won't be paying a lawyer anything.

I'm not a lawyer though, so don't rely too much on anything I say :)

I'm really sorry, but I am a very partial person, I have served three jury duties on serious crimes- so if I were in a court i would have to say it is your fault. You have to think if the shoe were on the other foot. Now yes a five year old should be no where without a parent or someone caring for them, and that is the mother and fathers fault, however, once you decided that you were escorting the child home, you as an adult are responsible for the saftey of that child, I don't care if you had to hold the little brat by the arm all the way home, there should have been no reason she ran in the street what-so-ever, now you saw she was not surpervised in the store, do you think that your supervision should have been more up to par? If not your argument for leading her out the store in the first place is in-valid. It is a tough situation, I hope the little girl is okay, take a deep breath and handle it one day at a time.

The answerers seem to have gone a bit off question.

The fault lies with the car driver. The mother of the 5yr old can sue them for costs against their insurance. It will be deemed they should have been driving with care and attention and have been aware of children on the pavement/sidewalk. A car drivers duty of care is to other road users and pedestrians. Whilst you do have a duty of care to the 5yr old this would have been met by having them walk on the pavement and not, say, on the road. The unpredictable actions of a 5yr old cannot be anticipated, however this does NOT discharge the drivers duty of care. You need to inform the mother of the action she can take against the driver. If she tries to press a case on you her lawyer will correct her.

Incidentally i do hold a law degree. In uk law but the principles are similar.

I think social services should know an incompetent mother is letting a five year old wander unsupervised in the first place. I don't think you should be sued for her incompetence.EDIT: print this page and show her what everyone thinks of her bad mothering and that almost everyone said she probably can't sue and see if she changes her mind.

Was police report filed? And did you tell the authoress that the child was abandoned at a store or did you take the 5 yr old to the store? In any case you need a lawyer.

Whether or not the five year old was supposed to be with you, you took responsibility for him by escorting him home. As far as him darting out in front of the car, he pulled away from you so you were taking care of him, it is not child endangerment because you were trying to take care of him and get him home and he jerked away from you.

As far as the car driver I don't think they should bear any responsibility unless they were speeding because the driver was where they were supposed to be, how can you anticipate a kid jumping out in front of you?

There are life lessons and just because something bad happens doesn't mean there is always legal recourse.

I'm not a lawyer either but I see you might be guilty of some contributory negligence.

Why? Your unsupervised daughter went to the store and she should not have been able to do that. That was your negligence. The five year old would not have been at the store if it wasn't for your daughter. The chain of events leads back to you. Certainly most of the responsibility rests with the five year olds' mother but I believe you should shoulder some of the blame.

Since your daughter was blocks from home you should be concerned about being reported to childrens protective services for child endangerment if this goes to court. That could be more trouble than a lawsuit from your neighbor. You might inform her that she may caught in her own web.

I think that she will have a hard time trying to convince the judge that it was "your fault". Accidents happen, and where was HER mother the whole time? If anything, it was her fault for letting her five year old daughter wander around without supervision.

I don't hold a law degree but i don't think you are legally responsible, as you were not in a position of 'care taker' of the child. There was no legal imperative for you to look after the child. there was no 'contract' of care as there would have been had you been looking after the child at your home. But you should still consult a lawyer.

No, that mother should of been watching her kid. Were they at the store alone and then you saw them? If so, the mother should be fully responsible. No five yr old, let alone,(sorry) a 8 yr old be allowed to go anywhere alone.