Legal Question in Civil Litigation in North Carolina

Small Claims against a minor (17 yr old)

I need to file a claim against a person who is now 18 but who at the time of the incident was only 17. The incident happened 6 months ago and the promise made by the defendent (then 17) has gone unpaid to date. I have talked to his parents who are not willing to take responsibility for the damage caused by their son. Do I file against the parents b/c he was 17 at time of incident or can I file against him now that he has turned 18?

Thank you


Asked on 7/17/02, 8:07 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Small Claims against a minor (17 yr old)

It's not clear from your question what is the nature of your claim (e.g. negligence, assault, damage to property, personal injury, automobile accident). As a general matter, however, you would sue the individual himself. At 18 he is capable of being sued, and he is responsible for his conduct at age 17. As a general matter, his parents would not be responsible, unless they were independently negligent (e.g. "negligent entrustment").

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Answered on 7/17/02, 12:07 pm


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