Legal Question in Civil Litigation in Pennsylvania
Damage by Child to Neighbor's Car
My 6 year old son is accused of throwing stones at a neighbor's car and causing damage. The neighbor approached me two or so weeks after the supposed damage was caused and wanted me to pay $600. There is no proof that he caused the damage. What are my rights in denying these charges?
1 Answer from Attorneys
Re: Damage by Child to Neighbor's Car
What do you mean when you say, "no proof"? Did the neighbor claim to see your son throwing stones at the car, or does he just suspect him. If the neighbor says he actually saw it, that is proof. Proof just means admissible evidence, not conclusive, undeniable proof.
Anyhow, your liability for a child's vandalism depends on state law, but many states make parents liable up to a certain amount for damages done by their children, and there's always a negligent supervision theory which under general law makes a parent liable, if proven.
If he didn't do it, though, you're not responsible. If the neighbor actually makes a claim, you should report it to your homeowners insurance and let them take care of it.
William Marvin
Law Offices of William D. Marvin
947 Old York Road
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