Yes, under Missouri personal injury law, in certain cases, successfully recovered for a person’s injuries against the parent of a negligent minor. Generally, in order for parents to be held liable for their child’s acts, the parent must have control, custody or supervision over the minor.
Under the current status of Missouri injury law, parents have been held liable for personal injuries caused by their minor children in the following circumstances:
1. Where the traditional master and servant relationship exists and the child is acting within the scope of authority established by the parent. An example of this would be a child working for a parent.
2. Where a parent entrusts a child with an instrument that poses an unreasonable risk to others. An example would be an excessively high performance car.
3. Where a parent entrusts a child with a vehicle, though not an unreasonable risk to others itself, the vehicle is likely to be put to a dangerous use because of the known propensities of the child. An example would be permitting a child to drive a family car when the parent knows the child is a bad or reckless driver.
4. Where the parent directly participates in the child’s tortuous conduct by consent to the conduct or by ratifying the conduct later and accepting the benefits of such conduct. An example of this would be telling a child to go hit or trip someone as a practical joke.
While at first it may seem unfair to hold parents liable for torts committed by children, the goals of society are met by enforcing these rules. Every reasonable person would agree that society expects parents to control their children. Equally, society expects that innocent victims should not be financially burdened by having to pay for medical expenses and personal injuries caused to them though no fault of their own. Under Missouri personal injury law, parents are incentivized to keep others safe from their own child’s actions. In the end, society is benefited because we will have less people being hurt and less personal injury claims in Missouri.
If you have questions about torts committed by children or how a parent can be held liable for the negligence of their child, feel free to contact one of our Missouri personal injury lawyers for a free consultation.