News that the parents of a school shooter were themselves convicted in connection with the incident raises the question: Under what circumstances, if any, can a parent be held civilly liable for damages and injuries caused by their child?
A finger on the hand of Miami Beach hotel clerk was severed when an eight-year old girl forcefully slammed a door on it. That was in 1955 and when the injured clerk sued the parents, the case went to the Florida Supreme Court, which ruled a parent is not liable for the torts of a minor child merely because of paternity. That’s the general rule to this day. But as in most things legal, there are exceptions to the rule:
1. When the parent entrusts an instrumentality to a child that could cause a danger. Examples: a two-wheel bicycle without training wheels entrusted to a five-year old child; a baby stroller entrusted to a five-year old in a busy department store, and a loaded pistol left within reach of children.
2. When the child is acting as the servant or agent of its parents.
3.When the parent directs or sanctions the wrongdoing; and
4. When the parents know that the child had a habit of engaging in a particular act or course of conduct that can cause harm, and they have the ability to control the child.
Case in point: Mother of a 16-year old not liable to son’s friend who died after falling off a ATV being driven by her son.
Case in point: Two teenagers playing with croquet mallets and one strikes the other on the head. Held: Parents not liable.
Every case is different, and each turns on its own factually specific circumstances. But Florida law requires a showing of one of the exceptions listed above to hold a parent liable for damages caused by their child.
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