Legal Question in Civil Litigation in Texas

liability for child

my boy(12 yrs old) was in a scuffle at school with an older boy. The older boy attacked my son, my son pushed the boy off of him. The other boy hit a car after my son shoved him away. I offered to pay half the damages. The Lady whose car was hit, says she is only wanting my son to pay all the damages. She stated I could talk to the other boy to collect the other half. I Know this is incorrect. Should I get a lawyer and go to small claims court. Once again, I stated I would pay half. The other boy is saying that My son just shoved him for know reason. By the way, I saw the Whole thing from my car. She stated in an email to the Principle that she Only heard a thump on her car. So, I am the only Adult Witness. What Should I do.

P.S. I am having my homeowners insurance investigate this. I am not sure if they will cover this.


Asked on 6/07/09, 2:16 pm

1 Answer from Attorneys

Robert McEwen The McEwen Law Firm

Re: liability for child

Texas law states : A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by: (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or (2) the wilful and malicious conduct of a child who is at least 10 years of age but under 18 years of age.

This woman most likely has a claim against your son (really you, because you are the one that's going to be paying) AND the other boy jointly and severally, which means that she could recover all from one or the other. You, in turn, would have a claim for "contribution" against the other boy for whatever portion of the damages were attributable to him but not paid by him.

You're right in saying that property insurance might not cover this. I would wait and see if they do. If they don't, try to resolve it without lawyers or the courts. This woman will be able to get all she wants plus court costs and attorney's fees (see TX Family Code 41.002). Like I said, you would have a claim against the other boy, maybe for most if not all of the damages if he started the fight and your son's actions were defensive, but your son would most likely be seen by the courts as a joint-tortfeasor, meaning that he is jointly liable for the damage to the third party's property.

Read more
Answered on 6/09/09, 9:19 am


Related Questions & Answers

More General Civil Litigation questions and answers in Texas