• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Parents responsible for kid?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Amy Jones 1963

Junior Member
What is the name of your state (only U.S. law)? Washington

Some neighborhood kids were playing stick ball in the street by my house, and the ball broke my window and broke an expensive figurine I had on the window sill. The deductible on my home insurance is too high to make a claim. I went down to talk to the parents of the child who hit the ball into my house, and they told me that they aren't paying for the damage and that "boys will be boys" as if I'm supposed to expect that balls will come crashing through my window. A little later I talked to a friend who told me that the parents are not legally responsible for what their boy did. Can this be true? I'd consider suing the parents in small claims court, but not if the judge will throw out my case.
 


BL

Senior Member
What is the name of your state (only U.S. law)? Washington

Some neighborhood kids were playing stick ball in the street by my house, and the ball broke my window and broke an expensive figurine I had on the window sill. The deductible on my home insurance is too high to make a claim. I went down to talk to the parents of the child who hit the ball into my house, and they told me that they aren't paying for the damage and that "boys will be boys" as if I'm supposed to expect that balls will come crashing through my window. A little later I talked to a friend who told me that the parents are not legally responsible for what their boy did. Can this be true? I'd consider suing the parents in small claims court, but not if the judge will throw out my case.
Well , yes the parents are responsible for their children's actions.

The question is , can you prove which child caused it ?
 

Amy Jones 1963

Junior Member
Yes I can easily prove which child hit the ball into my house.

Just so I undestand you. The parents are legally responsible no matter what. Even if it was just an accident. Is that right?
 
"the parents are responsible for their children's actions."

In some instances that is true, but it is not automatic, and it may not be correct in this case.
 

Zigner

Senior Member, Non-Attorney
"the parents are responsible for their children's actions."

In some instances that is true, but it is not automatic, and it may not be correct in this case.
If the children had been properly supervised, this wouldn't have happened...
 
"If the children had been properly supervised, this wouldn't have happened... "

So it's obvious to you that the parents did not properly supervise their child because he accidentally broke a window with a ball while playing a game? Interesting opinion.
 

Zigner

Senior Member, Non-Attorney
"If the children had been properly supervised, this wouldn't have happened... "

So it's obvious to you that the parents did not properly supervise their child because he accidentally broke a window with a ball while playing a game? Interesting opinion.
I didn't say the parents didn't properly supervise their child because he broke a window. I said the child broke a window because the parents didn't properly supervise their child.
 
"I didn't say the parents didn't properly supervise their child because he broke a window. I said the child broke a window because the parents didn't properly supervise their child."

That comports with what I wrote. The word "because" in my sentence does not explain the reason the child was improperly supervised, it explains the reason you think the lack of supervision is obvious. How can you tell? You were the subject of my sentence, not the child or the parents.

Your opinion remains very interesting. Do you have children? I am of the opinion that a parent cannot possibly monitor his child's every move, and even when a child is being properly supervised, a parent cannot prevent every action. Therefore, in my opinion, a child can easily break a window with a ball while playing a game even if he is being properly supervised.
 

Zigner

Senior Member, Non-Attorney
Your opinion remains very interesting. Do you have children? I am of the opinion that a parent cannot possibly monitor his child's every move, and even when a child is being properly supervised, a parent cannot prevent every action. Therefore, in my opinion, a child can easily break a window with a ball while playing a game even if he is being properly supervised.
Again, had the child been properly supervised, this wouldn't have happened. The parents of of this child took the risk that their level of supervision was acceptable. Therefor, they will need to pay for that risk.


(And, yes, I have kids. And, yes, I have paid for windows broken by my children while playing outside)
 

Mass_Shyster

Senior Member
It looks like Washington may not have a statute making the parents responsible.

From http://www.law.washington.edu/StreetLaw/supplement/Ch3.pdf

"In general, Washington adheres to the common law doctrine that parents are not
responsible for the negligence of their children. However, parents are
responsible if their child “willfully or maliciously” destroyed property or inflicted
personal injury against another. RCW 4.24.190 creates this legal obligation but
limits the parent’s financial liability to $5,000. This penalty does not include the
parent’s actions, just the child’s."
 
"Again, had the child been properly supervised, this wouldn't have happened. The parents of of this child took the risk that their level of supervision was acceptable. Therefor, they will need to pay for that risk."

Yes, you've already stated that.

Would you like to explain why you believe that only improperly supervised children break windows, or are you satisfied that your opinion has been sufficiently heard?
 
"It looks like Washington may not have a statute making the parents responsible."

Yes, that's true. But Zinger is arguing that the parents themselves were negligent. If true, they would still be liable (not for their child's negligence, but for their own negligence).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top