Legal Question in Civil Litigation in Pennsylvania

parent responsibility

If there has been a situation in which a minor, without parental permission, was permitted by a non-family member to ride their atv, and there was an accident while the said minor was riding the atv and the atv sustained damages, are the parents of the minor legally responsible for the damages? There was no criminal action brought against the minor, nor fines for non traffic violations, and no neglegence on the part of the minor, just an accident. If I have done my homework, I believe the parents would only be held responsible if the said atv had been stolen, or if there was intent to cause damage. Can you tell me if I'm right or wrong


Asked on 3/15/06, 5:25 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: parent responsibility

Stop with the lawyerspeak. Even we don't do that anymore.

Junior crashed another person's vehicle, who is responsible? Saved a whole lot of words didn't it?

The answer is, it depends. That's one piece of lawyerspeak that we'll never give up. If junior was really young then the person who let him ride may be responsible or junior's parents may be. If it's an older child then generally junior is responsible.

Now, it's obvious that you are junior's parent and you are looking for an out so you don't have to pay for the damage. And you have it. Nope, you probably aren't responsible, junior is.

Now think about how pleasant it will be to have to hire a lawyer to defend junior, and probably lose on a negligence claim. (A collision is the result of negligence no matter how you slice it.) The judgment debtor will then seek to enforce judgment and will sieze junior's assets. But you'll have outsmarted him, by closing junior's bank accounts and such. It was your money anway. (Sooooo, wrong.) Because it will be easy to see that the accounts were closed in preparation for a potential judgment and you will have inevitably mixed junior's assets with your own a smart lawyer, even a dumb one for that matter, will claim that junior's assets and your assets are indistinguishable and you will end up paying.

Now be an adult and pay for the repairs. If I can be of further assistance on this or any other legal matter please contact me at [email protected].

Regards,

Roger Traversa

[email protected]

hen have to see all thos nice things if you don't pay then junior will

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Answered on 3/18/06, 5:29 pm


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