Legal Question in Traffic Law in California
Our Liability
Our 5 year son recently broke a sunroof of a car. He was at his day care after school and a car parked next to the playground. He and his friends were throwing rocks and the one that my son threw hit this car. The owner of the car threaten to file a police report but has now filed it through her insurance. She wants us to pay the $500 deductible. I am not so sure where liability falls. First she was parked illegally, it was not a parking spot. Second, he was at the Day Care, and obviously not appropriately supervised, as no staff new what had happened. We feel that paying the entire amount is not fair, as again, she was illegally parked. What does the law state in this case?
1 Answer from Attorneys
Re: Our Liability
Parents are liable for the conduct of their child if there is result of a lack of adequate supervision. In this case the day care has some responsibility for his supervision. If you have a home owner's policy report the incident and let them take care of it.
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