Legal Question in Personal Injury in California

The minor child is fully liable for any negligence. The parents could be liable for up to $5,000 in property damage if:

Parents are responsible if the parent has knowledge of the child's potential for misconduct and fails to take reasonable steps to prevent such misconduct; if the parent has signed the child's driver's license application or the child drives the parent's car with the parent's knowledge and permission; if the child is guilty of willful misconduct; or if the child is given ready access to a firearm.

GENERAL RULE � NO TORT LIABILITY

Generally, a parent is not liable for torts committed by his or her minor child. Hagerty v. Powers (1885) 66 Cal. 368, 369.

STATUTORY EXCEPTIONS

However, parents and minor are jointly and several liable (along with the minor) for the minor�s torts or crimes, as follows:

Licensed Driver (Vehicle Code �17707, �17709, �360):

If a minor driver causes injury, death, and/or property damage on a public road, then the parent is also liable. But the parent is liable up to:

Injury damages: $15,000 per person; or

$30,000 for two or more persons;

Property damage: $5,000

Liability attaches only to the parent who signed and verified the minor�s driver�s license application.

A concerned parent can revoke the application signature and the minor will lose his or her license (Vehicle Code �17711)

No liability attaches if minor was driving within the scope of his or her employment or agency (Vehicle Code �17710)

Learner�s Permit Driver (Vehicle Code Section 12509):

A parent is liable for negligently supervising a child driving with a learner�s permit. There is no damage amount limit.

Minor Driver (Vehicle Code �17708, �17709, �360):

If a minor driver causes injury, death, and/or property damage on a public road, then the parent is also liable. But the parent is liable up to:

Injury damages: $15,000 per person; or

$30,000 for two or more persons;

Property damage: $5,000

Liability occurs only when the child drove �with the express or implied permission of the parents or guardian.�

Intentional Wrongdoing (Civil Code �1714.1(a); California Rules of Court Appendix B):

If a minor child willfully causes injury or death to another person, the parent is also liable. However, parental liability is limited to $37,100 (effective 2/18/2009 -periodically adjusted for inflation).

Damages are limited to medical, dental and hospital expenses.

You do not provide enough facts for me to determine what liabiltiy the parents have. Also, you may have some comparative neligence in letting a 17 year old drive the motorcycle. You are fortunate that the minor did not get injured because you then would be sued. Your or their homeowners insurance might provide some coverage.