Legal Question in Civil Litigation in Massachusetts

liability

my son who is 18 caused fire damage to a bldg. while intoxicated if convicted can we his parents be held liable and if so how would that work as we do not own a home and have no money to speak of


Asked on 10/02/08, 7:14 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: liability

Your son was 18 at the time, if I read this correctly, thus legally an adult. Unless a civil claim could be made out that you somehow negligently or intentionally supplied him with the alcohol, knowing that he had a habit of starting fires while intoxicated, I can see no realistic claim. Indeed, I have no idea whether -that- kind of claim has ever been allowed by the courts.

In addition, you state that you do not own a home, thus have no homeowners or other insurance, and no money. You do not have a "deep pocket." A civil suit is unlikely.

If you -did- intentionally supply the alcohol to your son, an underaged drinker, a hard-working DA who charged you might try to get restitution (compensation) through the criminal probation. However, I am no expert in whether you could even be charged in that case, as the boy's parents, and you might want to ask a criminal lawyer. I suspect, though, that such a push by a DA would be a stretch.

I wish you the best of luck, and hope you will be able to work through all of these issues, both legally and emotionally.

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Answered on 10/02/08, 8:43 pm


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