Legal Question in Personal Injury in New Mexico
My 6 year old and another boy in her class were witnessed throwing rocks at a staff members car while they were with their teacher walking to the cafeteria should both I and the other parent have to pay damages or should the school also be partially liable?
1 Answer from Attorneys
Any person may recover damages not to exceed two thousand five hundred dollars ($2,500) in a civil action in a court or tribunal of competent jurisdiction from the parent, guardian or custodian of a child when the child has maliciously or willfully injured a person or damaged or destroyed property, real or personal, belonging to the person bringing the action. This is New Mexico law. While no one can predict a judge or jury ruling, from the facts you present it appears the acts you describe do not rise to the level of malicious or willful injury or damage. A parent is not otherwise civilly liable for the actions of a child.