Legal Question in Civil Litigation in California

My cild was at his aunt's house and they claim he broke a car window and himm and his cousin were both outside and they said they were both throwing rocks at 8:30pm am i responsible for the damage


Asked on 7/13/10, 11:37 pm

2 Answers from Attorneys

If he did it you are.

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Answered on 7/14/10, 9:27 am
Anthony Roach Law Office of Anthony A. Roach

Mr. McCormick's flippant response is erroneous as a matter of law. Generally, a parent is not liable for torts committed by his or her minor child. (Hagerty v. Powers (1885) 66 Cal. 368, 369.)

There are statutory exceptions to this general rule, however. A parent is liable if their child is a licensed driver and causes injury. Liability attaches to the parent who signed the child's driver's license application. A parent is also liable if their minor child drives with their express or implied permission and caused an accident on the road. These statutes do not apply to your situation.

A parent is also liable if their minor child intentionally causes death or injury to another person, or injury to the property of another person. (Civ. Code, � 1714.1 (a).) The issue here is whether your child intentionally broke the window, or was engaged in some other activity and was negligent. If it was intentional, you would be vicariously liable.

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Answered on 7/14/10, 2:05 pm


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