Legal Question in Personal Injury in Georgia

Damage to Kia

A six year old boy vadalized my car who is responsible? His parents or the people he was staying with?


Asked on 6/21/99, 10:15 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Damage to Kia

"Every parent or guardian having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $10,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in reasonable medical expenses to another, damage to the property of another, or both reasonable medical expenses and damage to property."

This a quote from the Georgia code. Since there may be a queston

as to whether the folks who had the kid were "guardians" within the meaning of the statute, if the parents and the "guardians" are in the same county, I would sue them both and let the court decide. It would only cost you and extra $50.00.

Charles W. Field

Attorney at Law

Ste. 202

3949 Holcomb Bridge Rd.

Norcross, GA 30092

Phone: (770) 987-6151

Fax: (770) 513-9838

e-mail: [email protected]

http://cwfield.home.mindspring.com

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Answered on 7/04/99, 10:38 pm
Hugh Wood Wood & Meredith

Re: Damage to Kia

Somes states have specific statutes on this issue. Where I used to practice VA and WV, WV allowed a victim to sue parents for the torts of a child up to a $5,000 maximum. I am unaware of the Ga limitation. Contact a local lawyer and pursue a possible action against the parents not the person he was staying with. Additionally, if you have comprehensive insurance, you may simply require YOUR ins. company to pay for the damage less your deduct. Hugh Wood

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Answered on 6/30/99, 2:26 pm


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