Legal Question in Real Estate Law in California
Juvenile hits car with bicycle
I took my 6 year old neighbor on a bike ride with my kids, and a very loud car came down the street, frightening the 6 yr old, causing him to lose control of his bike. He ran into the side of a car parked in front of it's house, and the handlebar of the bike was not covered well, causing it to make an approx. 2 foot scratch from the door to the front panel. The lady was watching out the window, came out, and I had the boy apologize. She took the boy's mom's number, and called her, requesting that the mom pay for getting it fixed. The lady got 2 estimates, and says it will cost $800.00 to $900.00 to fix! How liable is the boy's mom, and am I in any way liable?
3 Answers from Attorneys
Re: Juvenile hits car with bicycle
You may both be responsible for damage and the owner should be compensated. I believe there is reasonable argument for her to seek compensation from the mother/parents and from you. Don Holben 800-685-6950
Re: Juvenile hits car with bicycle
The parents of the 6 year old child are liable for any damage caused by the child to another's property. However, whether you are liable would depend upon whether you were in some way negligent in allowing the child to lose control of the bicycle and collide with the vehicle. If you were not the cause of the child losing control of the bicycle, you probably would not be held liable.
Re: Juvenile hits car with bicycle
In my humble opinion, the previous answers are not correct.
While it is true that in California parents and guardians are liable for the willful acts of their children (Civil Code section 1714.1, I think), this was an ACCIDENT and probably does not even rise to the level of negligence on the part of the child. The car owner is very unlikely to win a suit against the child, the adult companion, or the parents.
This question was, however, asked under the wrong category. The legal topic is negligence, not real property, and re-asking it under that or a similar category may result in better answers.
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