Legal Question in Civil Litigation in California

Re: liability for child over 18 living at home

Under California law, a parent of a child who is 18 or older who injures another in a motor vehicle collision is not liable for the child's negligent driving unless the parent owns the car. If the parent is an owner of the car and gave permission to the child to drive the car, then the parent is liable for up to $15,000 per person and up to $30,000 per collision. The only other way for the parent to be liable is if the parent was negligent, such as for negligent entrustment of a vehicle to an incompetent driver, or negligent maintenance of the vehicle which caused the crash. Hope this helps.

Re: liability for child over 18 living at home

Thanks for your question. Depending on the circumstances, the parents may be liable under multiple theories, but the most often used theory is "negligent entrustment." The test is whether the parents knew of should have known the child would operate the vehicle negligently. If you have specific facts you would like to run by me, feel free to contact my office.

Yours truly,

Bryan

619.400.4929

Re: liability for child over 18 living at home

The registered owner[s] of the car are certainly all liable. The parents are possibly liable, depending upon the facts and knowledge of the use of the car.

Feel free to contact me if you need legal help in this scenario.