Legal Question in Civil Litigation in New York

Parents responsibility for childs acts

In small claims court in NY State are the parents responsible financialy for the acts of their 15yr child? In this case my 15yr daughter is alleged to have scratched someones car doing $350 in damage. She insists that she did not do it. The police were called and felt that there was not enough evidence to proceed and no charges were pressed. I am now being sued by the owner of the car. Should the owner of the car have sued my daughter instead of me for the money?


Asked on 8/19/04, 3:13 pm

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Parents responsibility for childs acts

Parents are generally not responsible for the tortious acts of their children provided they didn't direct or knowingly failed to dissuade their child from commiting the tortious act.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/20/04, 9:08 am
Kevin Connolly Kevin J. Connolly

Re: Parents responsibility for childs acts

FIRST THINGS FIRST. CALL YOUR INSURANCE BROKER. GIVE NOTICE OF THE LAWSUIT TO YOUR INSURANCE COMPANY. DO IT NOW. DO NOT PASS GO. DO NOT GO TO THE LITTLE BOYS' ROOM. NOTIFY THE INSURANCE COMPANY NOW, NOW, NOW!!!!

Assuming that you did not direct your child to vandalize the car, there does not appear to be any basis for holding you liable unless you knew of the child's vicious propensities and failed to take reasonable care to control the child. Let your insurance company handle the matter, that's why you pay them too much money already.

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Answered on 8/19/04, 3:53 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Parents responsibility for childs acts

NOTIFY YOUR INSURANCE COMPANY.

As to the question, a minor can't sue or be sued

absent a guardian, and as parent you are natural guardian. If your child is independently wealthy

you probably don't have to shell out the money , but your name goes on the papers either way.

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Answered on 8/19/04, 8:54 pm


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