Legal Question in Real Estate Law in Illinois

I gave consent for my 17 year old son to live with his 18 year old girlfriend and her mother. My son and his girlfriend get into an altercation that results in her throwing my son's XBox at his head and through her mother's window. As a result, my son punched his 18 year old girlfriend's car and placed some dents in it. The police were called and my son and his girlfriend received disorderly conduct tickets where they have a set court date. We all reside in Illinois. My son's girlfriend's mother is trying to make a claim through my car insurance provider. Am I solely responsible for the car damages or is my son's girlfriend and/or mother liable as well?


Asked on 4/21/12, 4:05 pm

1 Answer from Attorneys
Stephen Messutta

The person who commits the act is primarily liable; that's your son and his actions appear from the facts to be independent of the girlfriend's and/or her mom's. Illinois' parental responsibility law applies to unemancipated minors (under 18) and makes parents and legal guardians with whom the minor resides, vicariously liable for the minors' "willful and malicious acts." So there are two components: (a) is your son "unemancipated", and (b) does he legally still "reside" with you. This may turn on more facts than you have given us, because consent is only one factor. In any event most insurance policies limit or exclude these kinds of act.

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Answered on 4/22/12, 9:57 am


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