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?
3 Answers from Attorneys
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.
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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.
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.