Dear kvan,
There is relatively high volume discussion on the issue of liability
of parents for the actions of their minor children. Here are six
cases:
Mitchell v. Allstate Ins. Co., 534 P.2d 1235, 1237 (Colo. Ct. App.
1975) - ruling : " When a child has a known propensity to commit a
potentially harmful act, then the parent has a duty to use reasonable
care to prevent the child from causing such harm where the parent
knows or should know of the propensity and has the ability and
opportunity to control the child. " (Source:
<http://www.law.du.edu/lawproc/award_papers/ament.rtf>)
Dinsmore-Poff v. Alvord, 972 P.2d 978, 983 (Alaska 1999) - "Where the
parents took affirmative measures to prevent the potentially harmful
conduct, the determinative issue becomes whether such measures were
adequate under the circumstances to comply with their duty of care.
Id. A good-faith attempt to correct misconduct as it occurs is
enough." (Source: <http://www.law.du.edu/lawproc/award_papers/ament.rtf>)
Yoo v. Quitugua, 4 N.M.I. 120 (1994)Jung Keon
Yoo,Plaintiff/Appellee,v.Nicolasa Quitugua, andJeffrey Quitugua, a
Minor,Defendants/Appellants.Appeal No. 93-011Civil Action No.
90-0722May 12, 19941. <http://cnmilaw.org/htmldl/4nmi120.pdf> - a case
of violent reckless driving and parental liability.
ADOLPH C. LAVIN, ET AL. v. ROSS JORDON, ET AL.Appeal from the Circuit
Court for Davidson CountyNo. 96C-1475 Hon. Barbara N. Haynes, Judge
<http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/002/Lavin%20v.%20Jordon.opn.pdf>
- a case in which one minor shot another.
Williamson v. Daniels, 748 So. 2d 754 (Miss. 1999)
<http://www.mslawyer.com/mssc/cases/991007/9701403.html>
Horton v. Reaves, 526 P.2d 304, 306 (Colo. 1974) - torts of a child
question. "Under Colorado common law, a parent is not liable for the
torts of a child merely because of the parent-child relationship.
Parents are liable for the tortious acts of their child only if the
parents' negligence in supervising the child is the proximate cause of
the injury. (Source:
<http://www.law.du.edu/lawproc/award_papers/ament.rtf>)
Further Articles
================
Gilbert Geis & Arnold Binder, Sins of Their Children: Parental
Responsibility for Juvenile Delinquency, 5 Notre Dame J.L. Ethics &
Pub. Pol'y 307 (1991).
Howard Davidson, No Consequences -- Re-examining Parental
Responsibility Laws, 7 Stan. L & Pol'y Rev. 23, 25 (1996)
Elizabeth Pearson, Parental Responsibility Laws: An Overview 62 (Aug.
6, 1996) (unpublished M. Public Affairs thesis, University of
Colorado) (on file with author).
Kathryn Parsley, Constitutional Limitations on State Power to Hold
Parents Criminally Liable for the Delinquent Acts of Their Children,
44 Vand. L. Rev. 446, 453 (1991).
Toni Weinstein, Visiting the Sins of the Child on the Parent: The
Legality of Criminal Parental Responsibility Statutes, 64 S. Cal. L.
Rev. 863, 878 (1991).
The misc.legal newsgroup discusses this question quiet a lot
<http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&oe=UTF-8&group=misc.legal>.
I hope that answered your question. Further Good sources might be
found using my search strategy - the usage of the terms "parental
liability" and "parental responsibility" with the terms "minor"
"Delinquent" and "violent". If you need any further clarifications,
please let me know. I'd be pleased to clarify my answer before you
rate it. |
