Legal Question in Civil Litigation in New York

Guility by Association

A month ago my daughter was with a ''friend'' who attempted to shoplift a pregnancy test. the ''friend''is over 18, my daughter is underage. No police was called however, the merchant took the ''friends'' picture and indicated she has been in the store before suspiciously they release her & called me to pick up my child. (no photo was taken of my daughter). I rec'd a letter today from a lawyer re this incident requesting that i pay $99.00 what is my responsibility in this when the ''friend'' made the attempt to steal. the letter indicates that law 11-105 states i'm responsible for this action & i may be faced addt'l action maybe sought. i would like to know if paying this settles all future claims and if this ''friend'' could have rec'd a similar letter/action being that she was the guility party. I will also like to know how long does an incident stay on record and if paying this money is a submission of guilt. I work in financial industry and a situation like this or a treat is not something i can afford.


Asked on 4/15/09, 5:54 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Guility by Association

NY GOL 11-105 states,

***

6. Parents or legal guardians of an unemancipated minor shall be civilly liable for said minor who commits larceny against the property of a mercantile establishment to the operator of such establishment in an amount consisting of:

(a) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus

(b) a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.

In your fact pattern, your daughter did not steal. It was her friend. Therefore, you should not be held responsibile for your daughter's friend.

Mike.

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Answered on 4/15/09, 6:06 pm


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