Legal Question in Personal Injury in Texas
4-wheeler accident--Who's responsiblity?
We were at a friends house for a party. My son rides a 4 wheeler that belongs to the homeowners. My son turns it over and runs into a fence. He is not hurt but homeowner is expecting us to pay for the damages to the 4-wheeler. Am I responsible for that since it was on his property?
1 Answer from Attorneys
Re: 4-wheeler accident--Who's responsiblity?
under section 41.001 of the texas family code, a parent can be liable for the negligent or willful misconduct on the part of their child. as to negligent conduct, it must be proven that the child's negligent conduct was attributable to the parent's failure to control or reasonably discipline the child. so if you were supervising your son appropriately and he just simply lost control it is arguable that you have no liability. on the other hand, if you did nothing to supervise him or if he had acted inappropriately on the bike and you failed to correct him, you might have some liability. i hope this answers your question.
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