Legal Question in Civil Litigation in Minnesota

Re: Are we liable for damage caused by our child on an ATV

I just took a quick look at the case law on the subject of parent liability. Parents have a duty to control their children and can sometimes be liable for the acts of their children.

You have a complicated situation, however. While you had a duty to control your child, so your does aunt - assuming the nephew was her child. Without more facts, my guess would be that you are both equally neigligent in failing to control these kids.

We have comparative negligence in this state - MN. That means that someone has to be more than 50% at fault before they are liable at all. If they are 51% negligent in causing what happened, then they pay 51% of the damages. If they are 50% or less negligent, they pay nothing.

To get anything out of you in court, the aunt hast to show that you are at least 51% at fault. This implies that she is 49% or less at fault. How can she do that? You know the facts better than I.

I would suggest that you make a deal with your aunt. Pay half. The whole thing involves too little to merit getting a lawyer involved.

This response is for informational purposes only and does not create an attorney-client relationship