Legal Question in Civil Litigation in Minnesota

Are we liable for damage caused by our child on an ATV

A few weeks back we went to my fathers land in northern Minnesota to camp. While there, my nephew (a minor) let our 12 year old son ride his Honda three-wheeler ATV. This was done without consent from either my wife or myself. Our son then collided with my aunt's mini-van on the driveway of my father's property, causing about $1200 in damage to the mini-van. My aunt feels that since she does not view the accident as her fault, we should pay her the damages to the van, rather than her risking increasing her premiums by submitting it to her insurance company. There is no insurance on my nephew's ATV.

Are my wife and I legally liable for the damages in this situation?


Asked on 9/12/03, 2:37 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Are we liable for damage caused by our child on an ATV

I just took a quick look at the case law on the subject of parent liability. Parents have a duty to control their children and can sometimes be liable for the acts of their children.

You have a complicated situation, however. While you had a duty to control your child, so your does aunt - assuming the nephew was her child. Without more facts, my guess would be that you are both equally neigligent in failing to control these kids.

We have comparative negligence in this state - MN. That means that someone has to be more than 50% at fault before they are liable at all. If they are 51% negligent in causing what happened, then they pay 51% of the damages. If they are 50% or less negligent, they pay nothing.

To get anything out of you in court, the aunt hast to show that you are at least 51% at fault. This implies that she is 49% or less at fault. How can she do that? You know the facts better than I.

I would suggest that you make a deal with your aunt. Pay half. The whole thing involves too little to merit getting a lawyer involved.

This response is for informational purposes only and does not create an attorney-client relationship

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Answered on 9/12/03, 4:40 pm


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