Legal Question in Personal Injury in Ohio
I am a paralegal student in Ohio. I have been asked to write a legal memorandum that is to be addressed to a teacher who has contacted our ficticious law firm. The teacher was assaulted by a heavy set 13 year old boy on the face and was injured. What are options the teacher has regarding parental liability issue against the parents of minor (Action against the employer, i.e., the school is not to be considered)? Thank you
1 Answer from Attorneys
Oh, so you want us to do your homework for you? Nice try. The reason attorneys need paralegals is to help us and to be independent enough to accomplish certain tasks on their own so that we can focus on other things.
Having said that, start from the premise that in the abstract, parents are generally not responsible for the negligence of their minor children. However, the notable exception - accepted to a greater or lesser degree in the various states - is that where a minor has a propensity to engage in certain conduct, and where the parents act or fail to act and as a result that conduct causes harm to a third party, then the parents can be held liable. The classic cases are children who are known firebugs and the parents leave matches and gasoline around.
Do some research along those lines, pull the cases, and then apply the law of your jurisdiction to the facts of your case.
My educated guess as to the reason that your teacher gave you this assignment is that there is very likely no concrete "yes" or "no" answer, and so this is a test of your analytical abilities, to show how well you can research and then apply law to facts and arrive at a reasoned conclusion. Good Luck!
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