Legal Question in Civil Litigation in California

Legal Resposibility

My Daughter, who is 21 was driving her

boyfriends

truck while intoxicated and crashed into

a house causing damage to the house.

She has no job or assets. Her boyfriend

has no car insurance, My question is

can I be held legally liable for the

damage to the house she damaged?


Asked on 1/30/07, 3:56 am

1 Answer from Attorneys

Steven Lynes Lynes & Associates

Re: Legal Resposibility

Highly unlikely. Since she is a legal adult and was not driving your car, there is really no viable legal theory against you. Parents are not vicariously liable for their children�s wrongdoing. Instead parental liability typically stems from negligent entrustment (i.e. allowing a minor child to drive given a history of bad driving or inexperience) or negligent supervision. Given the age of your daughter, unless there is some highly usual special relationship which would create a continuing obligation to monitor and control her activity, you should not be held responsible.

If you daughter is included on your auto liability insurance, your insurance may be responsible for the some of damages.

If you would like further assistance in regards to this matter, please feel free to contact our office for a consultation.

[The statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]

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Answered on 2/06/07, 3:13 pm


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