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- Negligent Supervision is a legal theory where a minor child’s parents are held liable for their child’s negligent acts when parent knows or has a reason to know that it’s necessary to control the child and the parent fails to take actions to do so. Anyone with the custody and control of a child may be held liable including grandparents, guardians, foster parents or other adults with custody and control of a child. In most cases there isn’t a dollar limit for negligent supervision liability claims. In some situations an Insurance Umbrella or Homeowners insurance policy might offer some protection in the even of a lawsuit.
- The Family Car Doctrine states that the registered owner of the family car is legally responsible for any damage caused by a family member when driving when the registered owner has given permission and consented to the family member’s use of the car. About half of the states use this doctrine. This doctrine means that even when parents don’t list a family member on their personal auto insurance policy, the registered owner remains liable. In most cases auto insurance policies have provisions for family or household members who are under 18. Insurance companies generally require a minor driver to be included as a named driver on the insurance policy. Under this doctrine the registered car owner wouldn’t be able to use the uninsured motorist provision for a minor child driver who lived in the insureds household, and drives the insureds vehicle.
- Child Access Protection Laws In several states there are parental liability laws when children have access to firearms. Several states will hold an adult criminally responsible for the storage of a loaded firearm in a way where a minor can access it. In some cases these laws include enhanced penalties if a child causes injury or death. There are some exceptions to parental liability if the child gets a weapon by unlawful entry into the house or place where a firearm is stored, or when a gun is used for self defense. Some states make parents criminally liability is a custodial adult or parent knows his or her child possesses a firearm unlawfully and doesn’t take it away. Several jurisdictions have laws that make is a crime is a loaded firearm is left in an accessible location by a child. There are generally exceptions when a gun or firearm is kept in a locked box, with a trigger lock, or if a child obtains a gun through unlawful entry. In most states, the penalty for unlawful access is a misdemeanor unless a child actually injures someone, in which case the parents could be charged with a felony.
- Juvenile Delinquents Several states hold parents financially responsible to pay restitution and criminal fines when their child commits a crime. When a child enters the juvenile justice system, many parents are charged for costs for their child’s prosecution and rehabilitation. Children who run away from home, exhibit chronic truancy, or refuse to obey their parents are classified by several states as incorrigible. Incorrigible minors are often referred to as status offenders because they wouldn’t be in court except for the fact they are minors. When a child commits a crime that would be a crime regardless of their age, most states will classify the child as a juvenile delinquent.
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Related Blogs:
- Insurance Umbrella
- Holding Parents Responsible For the Actions of Their Children
- When To Drop Your Child From Your Auto Insurance.
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