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Sue the parents or the kid?

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gshoe1001

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

I was curious, if anyone knows...two years ago I had golf clubs stolen out of my car. The police came and filed a report and dusted for finger prints....the prints did not match anyone in their system. Two years later someone has entered the system whose prints they were. The thief was 17 at the time he stole my property, but is 19 now. I know that parents are often held responsible for their minor's actions, in this case would the parents be responsible since the incident involved a minor, or would the thief himself be responsible since he is no longer a minor?

Thanks in advance for any assistance.
 


I

Isis1

Senior Member
gshoe1001 said:
What is the name of your state (only U.S. law)? Nebraska

I was curious, if anyone knows...two years ago I had golf clubs stolen out of my car. The police came and filed a report and dusted for finger prints....the prints did not match anyone in their system. Two years later someone has entered the system whose prints they were. The thief was 17 at the time he stole my property, but is 19 now. I know that parents are often held responsible for their minor's actions, in this case would the parents be responsible since the incident involved a minor, or would the thief himself be responsible since he is no longer a minor?

Thanks in advance for any assistance.
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i want to say the parents, but i have a suspicion statute of limitations might be up on this one. but i actually hope i am wrong. so wait for other replies
 
Zigner

Zigner

Senior Member, Non-Attorney
How much were the clubs worth?
Did he do any damage to your vehicle while committing the theft?
 
Zigner

Zigner

Senior Member, Non-Attorney
IsabellaSoriano said:
i want to say the parents, but i have a suspicion statute of limitations might be up on this one. but i actually hope i am wrong. so wait for other replies
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SOL *may be* up from the criminal aspect...not sure on the civil end though.
 
G

gshoe1001

Junior Member
I was told that statute of limitations on this is 4 years (I could have been told wrong, it was a friend who is a criminal defense lawyer and doesn't regularly deal with civil)...however, the misdemeanor crime had a statute of limitation of 18 months, so no criminal charges...strange.

Thanks again for any input.
 
B

BOR

Senior Member
If NE codifies an adult for criminal prosecution at 17, it matters not, some states do. I don't know without searching.

Parental liability laws generally limit damages to malicious acts, but here is an outline.

Here is a summary of parental liability laws, scroll down to NE. It may not be complete, but provides a starting ground in the laws. You can key in certain words as I did to try to find other applicable sections. I keyed in; Parental liability + malicious acts + Nebraska.

OR find the code section/chaper listed in the link, look it up and other sections may follow!


http://www.mwl-law.com/CM/Resources/PARENTAL RESPONSIBILITY CHART (00033309).pdf
 
G

gshoe1001

Junior Member
Zigner said:
How much were the clubs worth?
Did he do any damage to your vehicle while committing the theft?
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I had bought the clubs (used) about two weeks before they got stolen for $350. No damage to the car, as it was left unlocked in the driveway (blaming the wife :)).
 
Zigner

Zigner

Senior Member, Non-Attorney
IsabellaSoriano said:
§ 20-342 — Statute of limitations; civil action; rights and duties of parties; remedies allowed; attorney's fees and costs. - Nebraska § 20-342 — Statute of limitations; civil action; rights and duties of parties; remedies allowed; attorn

i found this on civil actions
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Section 20-342
Statute of limitations; civil action; rights and duties of parties; remedies allowed; attorney's fees and costs.

(1)(a)(i) An aggrieved person may commence a civil action in an appropriate district court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice

Not the right section...
 
I

Isis1

Senior Member
Zigner said:
Section 20-342
Statute of limitations; civil action; rights and duties of parties; remedies allowed; attorney's fees and costs.

(1)(a)(i) An aggrieved person may commence a civil action in an appropriate district court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice

Not the right section...
Click to expand...
:mad: that's what i get for having 15 windows open :eek:
 
B

BOR

Senior Member
gshoe1001 said:
I was told that statute of limitations on this is 4 years (I could have been told wrong, it was a friend who is a criminal defense lawyer and doesn't regularly deal with civil)...however, the misdemeanor crime had a statute of limitation of 18 months, so no criminal charges...strange.

Thanks again for any input.
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Theft falls under the heading of a personal injury tort here I believe and it is 4 according to this:


Nebraska Statute of Limitations

The probable reason why criminal charges were not filed is the golf course owner did not press charges.

18 months? That's odd. I never saw a limitation of action at a 1/2 year, civil or criminal?
 
Zigner

Zigner

Senior Member, Non-Attorney
BOR said:
Theft falls under the heading of a personal injury tort here I believe and it is 4 according to this:


Nebraska Statute of Limitations

The probable reason why criminal charges were not filed is the golf course owner did not press charges.

18 months? That's odd. I never saw a limitation of action at a 1/2 year, civil or criminal?
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It's 1 year + 6 months for various misdemeanors. (18 months).

The reason why no CRIMINAL charges were filed is they had no suspect (the OP states that the prints didn't get a "hit" in the system until recently).

I'm not sure that it falls under personal injury - but it could fall under injury to personal property. It's really not important which of them it falls under, as they have the same SOL (which is 4 years, as you stated)
 
Y

You Are Guilty

Senior Member
While I'm sure expertlaw is a great site, always best to go straight to the source:
25-207 Actions for trespass, conversion, other torts, and frauds; exceptions. The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
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Courtesy of the NE Legislature:
http://nebraskalegislature.gov/laws/statutes.php?statute=s2502007000

And to answer the original question, in lieu of actually researching how NE handles this type of case, why not just play it safe and sue both kid & parents? You can always dismiss the case against the parents later should the need arise.
 
B

BOR

Senior Member
Zigner said:
It's 1 year + 6 months for various misdemeanors. (18 months).

The reason why no CRIMINAL charges were filed is they had no suspect (the OP states that the prints didn't get a "hit" in the system until recently).

I'm not sure that it falls under personal injury - but it could fall under injury to personal property. It's really not important which of them it falls under, as they have the same SOL (which is 4 years, as you stated)
Click to expand...

Yes, I know it was a year and a half. I meant adding a half to it, instead of a round #, 2-3-4-5, etc.

In my state though a minor misdmeanor must be prosecuted in 6 months, just thought of that!
 
B

Banned_Princess

Senior Member
The cops dusted your car for "golf clubs?" in Nebraska?

Here I couldnt get the cops to barely list all th things that were missing out of my car when it was broken into, nevermind dusting.
 
G

gshoe1001

Junior Member
Banned_Princess said:
The cops dusted your car for "golf clubs?" in Nebraska?

Here I couldnt get the cops to barely list all th things that were missing out of my car when it was broken into, nevermind dusting.
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I guess the difference between Nebraska and New York, huh? LOL. Living in a "small town" (250,000 pop.) has its advantages I guess.

On another note, thanks for all the help. I am amazed by the wealth of knowledge (or the ability to quickly acquire it) that has been displayed by the members here. I looked and looked and couldn't find anything. I clearly did not know where to start.
 
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