Legal Question in Personal Injury in California

minor's tort liability

10 months ago my son (a 14-year-old) was hit by a car while riding a bicycle. My son suffered a minor concussion, injury to his knee, and was on crutches for a month. The driver had a minor damage to his car. Now, the driver�s insurance company is going after us for the damage. They claim (and the police reports states) that my son was at-fault for the accident because he failed to stop at the stop sign. My question is: are parents liable for their minor�s tort liability in an accident like this? Can the driver sue the parents to recover their damage?


Asked on 4/15/00, 8:26 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: minor's tort liability

Yes, to both parts of your question. Parents are responsible for the torts of their minor children, and if you don't pay up you can be sued. This is different from criminal liability for the minor's act, which is almost never imputed to the parent.

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Answered on 4/24/00, 10:13 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: minor's tort liability

If you have either a home owner's or renters policy, contact the insurer and turn the claim over to the carrier. Either a home owner's or renter's policy should cover the damages, under the theory of negiglent supervision of your son.

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Answered on 5/02/00, 3:41 am


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