Explaining a parent’s or legal guardian’s possible culpability in California for a minor’s “willful wrongdoing” or carelessness.
California, like many other states, has enacted a variety of parental responsibility statutes that lay possible obligation on parents (and legal guardians) when a child causes injury to another person or damages property. California lawmakers have enacted legislation that may hold parents civilly accountable for a juvenile’s general misbehavior as well as vehicle accidents caused by the minor, among other things. In this post, we’ll go through the main points of these California legislation.
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Parental Liability in California for a Minor’s “Willful Misconduct”
This is covered by California Civil Code section 1714.1, which states that “any act of willful misconduct of a minor that results in injury or death to another person, or in injury to another’s property, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.”
The legislation goes on to provide that the custodial parent or guardian is jointly accountable with the child for any damages arising from the youngster’s intentional misbehavior, up to $25,000 for each wrongful act (Note: This amount is adjusted every two years based on the cost of living and other factors).
If someone is harmed as a result of the minor’s “willful wrongdoing,” the $25,000 limit may include compensation for medical care and other injury-related expenditures, but not compensation for non-economic losses like as pain and suffering. (Learn more about Personal Injury Damages.)
If the minor’s wrongdoing involves graffiti or “defacement of another’s property with paint or a similar material,” the parent/shared guardian’s liability is still $25,000, which includes an award of court and attorney’s costs to the person who filed the complaint.
Keep in mind that California Civil Code § 1714.1 only establishes parental culpability for a child’s “willful misbehavior,” which indicates that the kid did something on purpose rather than through accident or carelessness. Willful misbehavior necessitates a desire to act, as opposed to simple carelessness on the side of the juvenile.
In California, parental liability for a minor’s driving exists.
There are two primary California legislation that address a parent’s or legal guardian’s possible culpability for damages caused by a minor’s driving.
The first is found in California Vehicle Code section 17707, which states that “any civil liability of a minor arising out of his driving a motor vehicle…is hereby imposed upon the person who signed and verified the minor’s application for a license, and the person shall be jointly and severally liable with the minor for any damages proximately resulting from the minor’s negligent or wrongful act or omission in driving a motor vehicle.”
Because a juvenile under the age of 18 must have a parent or legal guardian sign a driver’s license application in California, section 17707 basically sets out civil culpability for that parent or guardian if the minor causes an automobile accident.
The following code part (California Vehicle Code section 17708) makes a parent possibly accountable for all foreseeable damages if they offer explicit or implied consent for a child to operate a vehicle (whether or not the minor is a licensed driver) and the minor causes a car accident.
In terms of the minor’s behavior and the possible damages available to the person claiming for injuries, it’s critical to distinguish these driving-related legislation from the “willful misconduct” statute we examined in the previous section.
For starters, when it comes to driving, parents may be held jointly accountable for any automobile accident caused by their child. This implies that simple ignorance or carelessness is sufficient to trigger the parent’s/legal guardian’s liability for subsequent damages (and the minor’s purpose is irrelevant).
Second, although California Civil Code section 1714.1 (the “willful misbehavior” legislation) restricts a parent/culpability guardian’s for actual damages to $25,000, California’s driving-related statutes hold a parent/guardian jointly accountable for “any losses proximately ensuing” from the accident. That includes compensation for non-economic damages like pain and suffering, which may add up to thousands of dollars when automobile accident injuries are substantial.
Other Situations in California May Give Rise to Parental Liability
Parents and legal guardians should be aware that they may still be held legally liable for a minor’s behavior under conventional civil fault rules (known as “common law”), in addition to the legislation outlined above.
A parent who fails to take reasonable efforts to properly monitor their kid, even knowing that their child has an especially hazardous proclivity, may be judged negligent if someone suffers foreseeable injury as a consequence of the child’s behavior.