Legal Question in Civil Litigation in California

Am I liable for step-son driving without license?

I have a step-son aged 30yrs old who lives with us along with his two children age 2 and 3. My step-son has lost his driver's license because of too many tickets, but he refuses to stop driving. If he has an accident and hurts someone, can I be sued because he lives with me? I told him to move out but he has not done so yet. Can I kick him out or does the fact that he has small children living here too prevent me from kicking him out? I am worried to death that someone is going to sue me if he gets in an accident. Please give me any information you can to help. Thanks.


Asked on 1/12/05, 2:29 pm

4 Answers from Attorneys
Daniel Harrison Berger Harrison, APC

Re: Am I liable for step-son driving without license?

Do NOT let him drive your car. You can be held liable for negligent entrustment (there is also staturory liablilty for permitting someone to use your car).

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Answered on 1/12/05, 2:38 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: Am I liable for step-son driving without license?

You cannot be sued for your son's accident unless he is using your car.

You can evict your son even though the two children live with you.

TIP: Consider getting guardianship of the children until your son straightens out and then evict your son. That way you can keep the kids and get rid of this stupid son of yours.

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Answered on 1/12/05, 3:29 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Am I liable for step-son driving without license?

Important information missing. Do you own the car he drives. Make certain he does not drive any vehicle you own. You can be sued for negligent entrustment, ie., for allowing him to use your vehicle.

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Answered on 1/12/05, 4:18 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Am I liable for step-son driving without license?

The fact that someone lives in your house does not make you liable for his misconduct. However, if something you do -- especially letting him use your car -- helps him cause an accident, you can be held liable for that. The same would be true even if he lived someplace else.

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Answered on 1/12/05, 10:02 pm


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