Parents Liability for Bad Children

Should Parents Be Held Responsible for the Bad Acts of Their Children?

After more than two decades of practicing law and coaching youth sports, I can honestly say that in most cases, the apple doesn’t fall far from the tree. Parents should be held accountable for the wrongful conduct of their children.

I’ve observed that children who are productive and well behaved seem to have active parents in their lives. Parents who show an interest in their child and who are involved in what the child is doing. These parents walk their talk and lead by example. The kids pay attention to this.

On the other hand, and almost without exception, the kids that I’ve seen with behavioral problems or who break the law, steal, vandalize or harm others, usually have not grown up with a strong level of parental supervision. In many cases, the parents themselves have bad habits and the kids simply mirror what they see happening at home.

In other instances, the parents are not around and the child is left to take care of himself. This is not a good recipe for success. In this second example, the misbehaving young child is a product of his surroundings and it is what it is.

Now don’t get me wrong. I know I’m generalizing. Truth be told, good kids can grow up to be bad people and bad kids can grow up to be successful leaders. Everyone’s different and every situation is different. But generally speaking, I stand behind my observations made both in court and in life.

Now the above of course is not applicable in all cases but generally speaking, these are my observations. As such, a negligent parent should, in good conscious, be held responsible for their child’s wrongful conduct which, in many cases, is the result of the parent’s lack of care and attention. And I’m not alone in this opinion…

Long ago, the California Courts recognized a parent’s responsibility for his or her child. "The parent has a special power of control over the conduct of the child, which he is under a duty to exercise reasonably for the protection of others. He may thus be liable for failure ... to take reasonable efforts to restrain and correct [the child] when he manifests a tendency to beat other children with a stick," or engages in other dangerous behavior. Singer v. Marx, 144 Cal.App.2d 637 (1956).

And in the case of Reida v. Lund, 18 Cal.App.3d 698 (1971), the court held that the key to holding parents accountable for their children's dangerous acts is whether they are aware, or should be aware with reasonable diligence, of the minor's bad tendencies. The court stated, "Parents are responsible for harm caused by their children only when it has been shown that the parents, as reasonable persons, previously became aware of habits or tendencies of the infant which made it likely that the child would misbehave so that they should have restrained him in apposite conduct and action."

It’s important to note that in California, and most states for that matter, the law is not limited to specific situations. Rather, parents face liability for "any act of willful misconduct" by their children that "results in injury or death to another person or damage to another's property." California Civil Code Section 1714.1(a).

Although financial liability may be imposed on a parent, this liability is generally not unlimited. In California, a parent’s liability for automobile accidents caused by a reckless minor driver is normally limited to $15,000 per person and up to $30,000 for all bodily injuries. Another $5,000 is available for property damage. For other matters, Civil Code Section 1714.1(a) limits parents' liability for nonvehicular-caused events to $25,000 for each separate act of their children. And Education Code Section 48904 limits a school district’s liability for a misbehaving student to $10,000.

So what do you think? Am I on point or way off base? Share your feedback and thoughts with me at www.JacksonWilson.com

More about California Personal Injury Liability...

A personal or catastrophic injury case occurs when a person has suffered some form of severe physical or psychological injury as a result of another person or company’s wrongful conduct. The wrongful conduct may be simple negligence or intentional, willful, wanton or reckless conduct.

In some instances, a party may be strictly liable for injury to another without the injured person having to show any wrongdoing by the other party.

The most common type of personal injury claims are animal attacks, automobile accidents, burn cases, boat accidents, brain injuries, construction accidents, dog bites, hazardous products, insurance bad faith cases, medical malpractice, motorcycle accidents, motor vehicle accidents, paralysis, personal injuries, premises liability, product liability, professional malpractice, railroad accidents, severe injuries, slip and falls, spinal cord injuries, truck accidents and wrongful death cases.

In most catastrophic injury cases, an injured party may be entitled to monetary compensation for bodily injury and pain and suffering from the person or company whose negligent or wrongful conduct caused the injury. Wrongful conduct by the responsible party that is intentional, willful, wanton or reckless may also allow an injured party to also receive punitive damages which are designed to punish the responsible party. Over the past two decades, we've handled both types of case.

The standard of proof in the United States in a catastrophic injury case is typically by a preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. Because proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than in a criminal prosecution (beyond a reasonable doubt), most catastrophic personal injury cases are handled in the civil court system.

Most states have a strict statute of limitations which means that court proceedings must be properly commenced within a certain period of time after the incident or the claimant will lose his or her right to bring a claim.

If you or a family member have experienced a personal injury because of the wrongful conduct of another person or company, you may be entitled to compensation. Please contact us to get your questions answered today! We can be reached toll free at 800-661-7044 or via our web site at www.jacksonwilson.com

Mitch Jackson and Lisa Wilson Jackson & Wilson, Inc. (Since 1986) Aggressive Representation for Maximum Results! 23161 Mill Creek Drive, Ste 150 Laguna Hills, CA 92653 Tel No. 949.855.8751 Toll Free No. 800-661-7044

About The Author Jon Mitchell Jackson is an Orange County California PERSONAL INJURY lawyer who, in 2009, was named an Orange County Trial Lawyer of the Year by the Orange County Trial Lawyers Association. Mitch is the founding partner and Senior Litigation Partner of Jackson and Wilson, Inc., a top AV rated firm by Martindale-Hubbell. The firm is also listed in the Bar Register of Preeminent Lawyers, an exclusive listing reserved for the best law firms in the United States. This recent award follows several earlier recognitions this year naming Mitch as a Southern California Super Lawyer and, a rating of 10.0 or Superb by the national AVVO lawyer rating system. Mitch also serves as a Judge Pro Tem with the Orange County Superior Court and in his spare time, enjoys Rotary International. Mitch invites potential clients, family, friends, and fellow Rotarians to visit his web site and say hello. www.jacksonwilson.com