Every parent’s worst nightmare, should parents worry about being sued for their kids’ ill-advised acts?

The answer is: “Yes.”

It is true that parents are not typically held liable based on direct negligence or statutory violation for their children’s mistakes or misconduct.  Also, parents are not automatically liable for their kids’ negligence which causes injury to others.  As with any legal analysis of circumstances to evaluate whether the actions of the parents gives rise to a right of action for an injured victim, the primary issues are (1) notice and (2) the failure to prevent harm.  The all-important questions are: Did the parents take reasonable precautions to stop their child’s misconduct based on such notice?  Did the parent know, or should they have known, of the foreseeable risk of harm?

In comparison, these issues are similar to those in premises liability cases.  For example, in a slip-and-fall case in a supermarket, the threshold questions would be: (1) Did the supermarket know (or should they have known) of the slippery surface or dangerous condition? (2) Did the supermarket act reasonably to protect against or correct the dangerous condition?

Notice is the primary issue required for liability for this type of theory of negligence. California’s jury instruction on parental liability (which is also referred to as negligent entrustment), CACI 410 – Parental Liability, lays out the elements, as follows:

1) The defendant parent(s) either observed the minor’s dangerous behavior that led to the plaintiff’s injury or was aware of the minor’s habits or tendencies that created an unreasonable risk of harm to other persons;

2) The defendant parent(s) had the opportunity and ability to control the conduct of the minor; and

3) The defendant parent(s) were negligent by failing to either exercise reasonable care to prevent the minor’s conduct or failing to take reasonable precautions to prevent harm to others.

What about exposure to liability? Should parents have to worry about potentially paying millions of dollars if their child commits a battery, murder, or rape? The answer depends on whether the parents had notice of the child’s foreseeable misconduct and acted reasonably to prevent such misconduct.

Parental notice is a heavily litigated issue, with no bright line definition.  The result is determined by the trier of fact (Judge or Jury) who evaluate the case-specific facts applied to those elements listed above.  In the seminal case of Reida v. Lund (1971) 18 Cal. App. 3d 698, it was alleged that the parents kept a rifle and its ammunition in the family garage in a locked cabinet.  Their son knew the location of the keys to the cabinet and, in a disturbed state, took the rifle and fired at motorists on the freeway, killing three people and injuring others seriously (before taking his own life).  The parents denied having any knowledge or forewarning that their son would behave in such a manner.  The Court ruled that the issue of whether the parents negligently stored the firearm was a factual question to be decided by the jury.

Even if you cannot believe that your child would commit a crime — which is hard for most parents to believe — you may be held liable for resulting damages if a crime is committed.  You may be surprised to know that liability exposure also exists for parents from the actions of adult children who reside with them.

The Drexler Law Firm has represented victims in civil lawsuits and successfully argued the parents acted negligently in preventing foreseeable misconduct because they failed to take reasonable measures to control the circumstances giving rise to the injury/damages.  Evidence of a child’s history of misbehavior or violent acts can be obtained through discovery of school records, particularly where the records show the student was expelled from school or sentenced to juvenile hall for violence. Parents who do nothing to control their child, notwithstanding clear evidence of anti-social or reckless behavior, will likely pay dearly if injuries result from their child’s actions.

What about if you tell your children they aren’t allowed to drink alcohol, partake in drugs, and etc.? Will that suffice in avoiding legal exposure for injuries/damages when your child causes an accident under the influence of alcohol or drugs?

The Drexler Law Firm represented the parents of a young man who purchased alcohol, but then provided it to a teen, who thereafter consumed the alcohol with friends and was then involved in motor vehicle accident.  The parents of the young man were sued as a result of the personal injury motor vehicle accident.  Fortunately, they had homeowners insurance to pay to settle the resulting personal injury claims, but others might not be so fortunate.

Parents who allow parties to occur on their premises wherein alcohol is provided to minors are likely to be found liable for any resulting injuries.  Pursuant to Civil Code §1714(d)(1) [Furnishing Alcohol to a Minor], “a parent, guardian or another adult who “knowingly furnishes alcoholic beverages at his or her residence to a person that he or she knows, or should have known, to be under 21 years of age” may be liable if such alcoholic beverage is found to be the proximate cause of injuries or death.

The law recognizes the special relationship that parents have with their children which creates an affirmative legal duty to exercise proactive oversight over those children – of any age – who are living with them.  See Robertson v. Wentz (1986) 187 Cal. App. 3d 1281.

Disclaimers:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction.  This blog is not intended to, and does not, create an attorney client relationship, an offer of employment or a guarantee of success for clients of The Drexler Law firm.  No information or representation contained in this post should be construed as an offer of employment, guarantee of success or the creation of an attorney client relationship with The Drexler Law firm, nor as legal advice from The Drexler Law Firm or the individual author.  No reader of this post should act, or refrain from acting, on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer in the corresponding jurisdiction.

There are time deadlines during which a case must be brought, according to your jurisdiction or state, and failing to abide by the jurisdictional statute of limitation rules can result in your case being time-barred.

This blog is not intended to be a complete summary of the myriad of legal issues facing parents, children and the law and there are numerous additional issues, including related to driving.

For additional information, please review the California State Bar’s published guide entitled: “Kids and the Law: An A-to-Z Guide for Parents.”