Understanding the possible culpability of a parent or legal guardian in Arizona for a minor’s “willful misbehavior” or carelessness.
Almost every state has “parental responsibility laws,” which hold parents and/or guardians financially liable for injury and damage caused by their illegitimate offspring. Depending on the nature of the state’s legislation, parents may be held accountable for their children’s willful behavior, and may even be held financially liable for accidents caused by a young kid. Property damage (including vandalism), personal injuries, and theft losses are common sorts of harm for which parents and guardians may be held liable (though again, state laws vary).
This article will go over some of the most important aspects of Arizona’s parental responsibility legislation.
Where Can I Find the Parental Responsibility Laws in Arizona?
The Arizona Revised Statutes section 12-661; Liabilities of parents or legal guardians for intentional or deliberate behaviour of children contains the state’s parental responsibility statute.
Under Arizona law, how old must the child be?
Parental responsibility rules only make parents and guardians liable for certain underage children’s activities. A minor is defined as somebody under the age of majority. This age is defined differently in each state. Arizona, like other states, has a majority age of 18. As a result, the Arizona legislation detailed here only apply to children under the age of 18.
Parental Responsibility in Arizona for Bodily Injury and Property Damage
Parents or guardians whose underage children cause property damage, or physical harm, via willful or deliberate behaviour, will be held liable under Arizona Revised Statutes, Section 12-661.
The term of “property damage” includes shoplifting and stealing.
Under Arizona’s parental responsibility act, culpability is defined as “strict liability.” That is, it makes no difference whether the parents or guardians had any cause to suspect the minor’s misbehavior. In Arizona, if a juvenile deliberately or willfully injures someone or destroys someone’s property, the parents or guardians will be held liable under Section 12-661.
The Scope of Parental Responsibility Liability in Arizona
Section 12-661 holds parents and guardians jointly and severally accountable for any losses caused by the child. This implies that the parents/guardians and minor are both collectively and individually liable, which means that the injured person may seek compensation from any or all of them in a civil action.
In general, the minor’s parent or guardian is liable for the real losses. However, the minor’s culpability is restricted to $10,000 for each unlawful conduct. It is vital to remember that if another legislation imposes accountability for the minor’s behavior, Arizona’s parental responsibility statute puts culpability on top of the other statute’s liability.
“Actual damages” refer to any measurable losses caused by the minor’s acts, such as medical costs and lost income for personal injuries, as well as payments to replace or repair damaged property. However, “actual damages” do not include non-economic losses like as pain and suffering, which may quickly build up in a case involving significant injuries. Bottom line: Under Section 12-661, parents cannot be sued for non-economic losses.
Arizona’s Parental Responsibility Statute and Liability Insurance
Section 12-661 of the Arizona Revised Statutes does not restrict an insurer’s discretion to deny coverage for the activities of a juvenile. For example, if caused carelessly, a minor might cause damage that would be covered by a house or vehicle insurance. However, coverage may be denied if the same damages are inflicted willfully or maliciously. The insurer’s authority to reject coverage is removed by Arizona’s Parental Responsibility Statute.
In Arizona, parents may be held liable under common law.
Even if Arizona’s parental responsibility rules do not apply, parents and guardians may be held liable for their minor’s acts. In some cases, parents have a common law obligation to protect their children from inflicting injury. For example, if a parent is aware that their kid has a proclivity to behave recklessly or carelessly, the parent may be obliged to take reasonable precautions to keep the child from causing foreseeable injury to others.
Assume a parent is aware that their kid purchases and fires fireworks without regard for the safety of others. So the parent is aware of this kind of conduct but does nothing to stop it. If the kid subsequently causes an accident by carelessly launching fireworks, the parent may be held liable for failing to take reasonable precautions to control the child’s conduct. Learn more about the Duty of Care and Negligence.