Legal Question in Constitutional Law in Florida

legal responsibility for adult child

My 22 year old son was involved in an auto accident in which his 22 year old passenger was killed at the scene. My son does not live with me, and his auto and his auto insurance are in his name. He had the accident approximately 1 mile from my home (he had been at my home and had left there). The parents of the passenger who died claim they are going to sue us for 'everything that we have' because we allowed this to happen. My son has a past history of drug abuse, reckless driving and prior misdeameanor charges. My husband and I have done everything we can to help him, including rehab x 3, a Christian ranch for 18 months, Marchman acting him, etc. My son also carries a diagnosis of ADD-H and depression. How much, if any, liability do we have in this case? The victim who died had also left his car at our home to go with my son and then was involved in the fatal accident.


Asked on 6/04/03, 5:14 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: legal responsibility for adult child

The short answer is that you have no liability for the acts of two other adults, unless you were already legally responsible for your son.

That's not a circular question: either you are still his legal guardian or not. At 22, it can be iffy, especially if he was previously incompetent, in which case his age wouldn't matter. But, you haven't said anything like that, so you really need to get a local profesional opinion of your cicumstances.

I just don't think the duty to your house guests extends to their voluntary travel in a car owned by another adult.

At any rate, get a good lawyer to research the question and provide a legal opinion BEFORE you are sued. Then, send it to the parents of the child, with your continued condolences.

That way, they will already have the research in hand and you'll have a good argument for sanctions in the event the law is clearly on your side.

If the law is not clearly on your side, at least you can work with your son's insurance company on legal defense.

Good luck!

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Answered on 6/07/03, 5:16 pm


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