Parental Liability

[parenttrap]

What is the name of your state? New Mexico

am I liable for damage my minor child causes when the damage isn't willful or malicious?
my daughter is accused of accidentally scraping a neighbor’s car with her push scooter. The car was in the driveway. She was an invited guest to the house. She says she didn't hit the car. The neighbor and his friends were outside at the time of the alleged incident, so my wife and I are afraid it will be my daughter’s word against all the adults, and it will be difficult to prove her innocence. the neighbor has filed in small claims court but strangely against my spouse. Does my neighbor have a case?

 

[I AM ALWAYS LIABLE]

What is the name of your state? New Mexico

am I liable for damage my minor child causes when the damage isn't willful or malicious?
my daughter is accused of accidentally scraping a neighbor’s car with her push scooter. The car was in the driveway. She was an invited guest to the house. She says she didn't hit the car. The neighbor and his friends were outside at the time of the alleged incident, so my wife and I are afraid it will be my daughter’s word against all the adults, and it will be difficult to prove her innocence. the neighbor has filed in small claims court but strangely against my spouse. Does my neighbor have a case?

My response:

A parent is only liable for the wilful, malicious acts of their minor child - - not of their "negligence."

You didn't say how old your child was at the time of the incident; however, depending on the child's age, cannot even be held liable for their own negligence.

Be-that-as-it-may, your neighbor has sued the wrong person; i.e., he should have sued your minor child. Yes, a child can, in fact, be sued. Where your neighbor has made his mistake is that he's looking for a "deep pocket" that "can pay"; i.e., it may be his belief that your child cannot be held negligently liable, or, be able to answer in damages - - ergo, he has sued your wife.

This is fundamentally wrong, and since your wife is the one being sued, make sure that your child is not in the courtroom on the date of trial (unless she is subpoenaed to court).

The judge will dismiss the action "without prejudice" and given the instructions to refile the complaint, but this time against you daughter. When he realizes that she has no money, and that you, as the parents, do not have to pay a judgment on your daughter's behalf, he will hopefully forego the filing of the new lawsuit.

For the types of incidents like this that happen, especially where children are involved, this is why we have "comprehensive" coverage on our insurance policies. Perhaps, the judge will even ask that question and suggest that your neighbor would be better off in making that claim to his insurance company, if he has that coverage.

IAAL