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When are parents liable for damages caused by their children?

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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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Don’t be a sitting duck on I-95

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As showcased on ABC News, Semi-tractor trailer trucks, those big 18-wheelers pose a particular hazard on the highway because their size and weight can cause huge damage in a crash, and because they have big blind spots.

A big semi-tractor has blind spots in front of it, behind it, to the left and to the right. The chart here shows where the trucker cannot see. And if the truck driver can’t see you, you’re in danger. So avoid the areas shown on the chart when you’re on the highway.

After an accident with a truck, it is important for your lawyer to place the trucking company on notice to preserve all relevant records, including (but not limited to) those required by the Federal Motor Carrier Safety Administration, the federal government agency that regulates truck safety.

Twice in my career, I represented young men who sustained permanent brain damage in collisions with a big truck on the highway. Neither one of them could tell me how the accident happened. The brain injury took away any memory of it. We had to forensically re-construct what happened and prove what happened using witness’ accounts, circumstantial evidence, and forensic expert witness testimony. These are hard fought battles. Today, both of the young men I refer to are doing well after fighting their way back through years of therapy.

So if I’m injured while riding in a Lyft or Uber, am I covered or what?

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Ride share drivers’ personal auto insurance generally does not provide coverage to the ride share driver, because their personal insurance is not designed to cover them when engaged in commercial activity.

But in general, yes, ride share services such as Lyft and Uber both have insurance coverages in place that provide ample protection to passengers and drivers.

– If you’re in an accident caused by the ride share driver, there is usually $1-million in coverage placed by the ride share company.

– If the accident is caused by a another vehicle, then your recourse is against the other vehicle. But…

– If the accident is caused by another car that has no insurance, the ride share service typically has uninsured motorists coverage for the benefit of both the ride share passenger, and the ride share driver.

– If the accident was caused by carelessness on the part of both the ride share driver and the other driver, then your claim would be against both the Uber/Lyft driver and the other driver.

Regardless of who was at fault, if you own a car and it’s insured, your PIP or no fault insurance will “follow” you while in the ride share vehicle, and pay up to $10,000.00 in benefits to cover 80% of your medical bills in excess of your deductible without regard to who as at fault.

Lyft and Uber also provide insurance to protect the ride share driver. However, the amount of coverage depend on the status of the ride share vehicle in transit. Is the car carrying a passenger? Is the car on its way to pick up a passenger? Is the car just driving around waiting for a ride call? The amount of insurance coverage available will vary depending on the status of the vehicle under these different scenarios.

Locating and identifying available insurance coverages is one of the most important parts of the personal injury lawyer’s job. Each situation is factually specific, and there is no one size fits all. As ever, the advice of a qualified attorney should be sought out if you or a loved one are injured in a crash involving a ride share vehicle.

Negligent Security Cases Gutted

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God forbid, you’re assaulted at a hotel, mall or apartment building. Prior to now, if you sued the property owner for negligently failing to provide sufficient security to deter the crime, the property owner could not defend himself by blaming the assailant for the injuries. The landlord’s hands were tied: Nowhere on the verdict form was the property owner allowed to include the criminal assailant who had actually committed the crime as a liable party in a civil suit for money damages.

That now changes. Property owners being sued for negligent security can now defend themselves in Florida civil court by blaming the criminal for crimes and injuries inflicted on their property–even if the criminal is not an actual party to the case. At trial, the new law says, “the jury must consider the fault of all persons who contributed to the injury.”

Juries will now be asked to apportion fault among not only landowner and the victim but the criminal assailant as well. Thus, Florida law now allows property owners to avoid liability by blaming the criminal who the property owner is supposed to protect his visitors from.

For every dollar of fault apportioned by a jury to the assailant in a negligent security case, the landlord or property owner will pay less, and the injured victim’s damages will be reduced. Afterall, the criminal assailant is rarely collectible; whereas, the property owner usually has deep pockets.

This “reform” is going to reduce recoveries in negligent security cases by millions. But one may ask, is it fair to compare the fault of one who acts in a negligent or careless manner with the fault of one who acts with malicious criminal intent? And will this change in the law result in greater care for safety on the part of property owners or less?

Crackdown On Letters Of Protection

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There is a longstanding and widely used practice in the world of personal injury called Letters of Protection.

Suppose you’re hurt in an accident and you don’t have medical insurance. Under those circumstances, some physicians (who typically cater to personal injury victims) accept a written promise from the injured patient and his attorney to pay the doctor’s bills from the proceeds of the case–a letter of protection.

This practice has led to abuses in the form of exaggerated charges, and exposes the physician to claims of bias arising from a financial interest in the outcome of the case. The new law attempts to purge abuses of this practice in several ways:

Letters of protection must be disclosed

The name of any person who referred the client to the physician with the letter of protection must be disclosed (Attorney client privilege does not apply and if the attorney referred the client, it must be disclosed.)

Doctors must code their charges in accord with standard insurance charges.

Most significantly, the new law specifically allows discovery of the details behind the referral relationship between the law firm and the doctor: How many cases has the firm referred? How much money has been involved? This could be embarrassing for certain large volume personal injury mills who keep using the same questionable doctors over and over.

LOPs are not necessarily a bad practice. Abused, they can result in exaggerated diagnoses and overcharges. But for a genuinely injured client with no other means of paying for care, they can be invaluable.

On the road: The ten most dangerous intersections in Miami-Dade and Broward

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In 2020, more than 24,000 (twenty-four thousand!) people were injured in car accidents in Miami-Dade County. For those of us who driver daily in South Florida traffic with its crazy drivers, here’s a warning about ten spots where we need to be particularly careful:

• In Midtown Miami: NE 2nd Ave. and NE 36th Street
• In West Kendall: SW 117th Ave. and Kendall Dr.
• In Coconut Grove: S. Dixie Highway every intersection south of I-95
• In South Miami-Dade: SW 117th Ave. and SW 152nd St.
• In Fort Lauderdale: A1A and Las Olas Blvd.
• In Miami Beach: Alton Rd. and Dade Blvd.
• In Doral: NW 87th St. and NW 36th St.
• In Miami: Brickell Ave. Bridge
• Pembroke Pines: Pines Blvd. and S. Flamingo Rd.

And remember, if you’re in an accident,

• Call 911
• Move your vehicle out of the flow of traffic if possible
• Exchange driver’s information
• Get yourself checked out
• Take pictures

Best advice: Drive defensively and buckle up!


“If you need me, call me. 24/7”

On the road: The ten most dangerous intersections in Miami-Dade and Broward

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Personal Injury Attorney Mark Wolin proudly serves Florida and South Florida communities in Miami-Dade County, Monroe County and Broward County including Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Gardens, Biscayne Park, Davis Harbor, El Portal, Hallandale, Hallandale Beach, Hialeah, Hollywood, Hollywood Beach, Liberty City, Little Haiti, Little River, Miami, Miami’s Upper East Side, Miami Beach, Miami Gardens, Miami Shores, North Bay Village, North Miami, North Miami Beach, Opa Locka, Pembroke Pines, Pembroke Park, Sunny Isles Beach and Surfside, Florida. View our privacy policy here.