Legal Question in Criminal Law in Nevada

vandalism

My 2 week old car was egged by boys. I and others witnessed them do it. They admitted to it and I pressed charges. The driver was taken to court and was told to pay $500 by May 5th. The actual egg thrower, a juvinile at the time, was denied prosecution. The DA denied it several times. So now I am suing him for the remaining balance of damages to my vehicle. Because he was a juvinile at the time who do i sue? His parents or him? He turned 18 ten days after the egging. Help!


Asked on 4/07/04, 6:27 am

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: vandalism

Nevada law gives victims rights independent of criminal and juvenile court restitution orders. The law states:

NRS 41.470 Imposition of liability for minor�s willful misconduct.

1. Except as otherwise provided in NRS 424.085, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and the parents or guardian having custody or control are jointly and severally liable with the minor for all damages resulting from the willful misconduct.

2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section must not exceed $10,000 for any such act of willful misconduct of the minor.

3. The liability imposed by this section is in addition to any other liability imposed by law.

(Added to NRS by 1957, 8; A 1967, 419; 1975, 652; 1979, 461; 1999, 897)

One small claims action against all parties and parents responsible should allow you an enforceable court judgment for money damages equal to your property damage losses plus court costs.

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Answered on 4/07/04, 9:10 am


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