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PARENTAL LIABILITY

Normally parents are not liable for wrongs committed by their children. However, they may be liable for a wrong committed if:

  • the child was acting as their agent,
  • the child was acting with the parent's authority, or
  • where it is found that a parent has not exercised proper control or supervision over the child

For example, in the case described above of the 12 year old boy who threw the dart, the boy's father was not found to be liable, even though he had provided the boy with the dart. The court found that the boy was old enough to handle a dart and could reasonably have been expected to do so safely; the eventual misuse of the dart was not reasonably foreseeable as far as the father was concerned. This result would have been different if the child had been younger or if the father had provided the child with a gun. If a parent knows their child is prone to behave in a way which could endanger others, then the parent may have some degree of liability.

PARENTAL LIABILITY  :  Last Revised: Wed Jun 7th 2006




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