The majority of states have what is known as a “parental responsibility statute.” These laws hold parents and/or guardians liable when their illegitimate offspring commit harm or property damage deliberately, maliciously, or carelessly, depending on the state law. As a result, parental responsibility for accidents, property damage (including vandalism), personal injuries, and/or theft occurrences may be enforced.
This article provides an overview of Delaware’s parental responsibility legislation.
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What are the Parental Responsibility Laws in Delaware?
Delaware’s parental responsibility rules concentrate on two sorts of young children’s actions:
Driving (as defined in Delaware Code Title 21, Sections 6104 and 6105) and vandalism (which is covered by Delaware Code Title 10, Section 3922).
How Old Must the Child Be in Delaware?
Under parental responsibility legislation, parents are only liable if their kid is a minor. As a result, each state’s definition of a “minor” is critical. The age of majority varies from one state to the next. Delaware, like other states, has a majority age of 18. As a result, the regulations detailed here only apply to Delaware children under the age of 18.
Delaware Parental Responsibility for a Child’s Driving
A parent or guardian must sign a minor’s application for a driver’s license in Delaware. If the minor causes personal harm or property damage as a result of careless driving, the minor’s fault will be attributed to the person who signed his or her driver’s license application (unless that person was a case worker).
As a result, if the parent or guardian signed the application, they are jointly and severally accountable for the minor’s actions. This implies that the parent/guardian and the underage kid may be held jointly or separately accountable for any damages caused by the automobile accident. In other words, the individual who was harmed might seek compensation from one or all of the culpable parties.
Furthermore, any vehicle owner who knowingly permits a juvenile to drive his or her vehicle is jointly and severally accountable for any damages caused by the child while driving the car. This section of Delaware law may apply to parents or guardians, as well as anybody else who has given a minor authorization to drive their car.
Many jurisdictions’ parental responsibility rules for driving impose liability restrictions on parents, such as $5,000.00. However, Delaware does not impose any liability limits. So, if a child causes significant harm, the minor’s parent or guardian may be liable for a sizable payment.
In Delaware, Parental Responsibility for a Child’s Vandalism
If a juvenile commits vandalism in Delaware while living with his or her parents, the parents will be held financially liable for the damage caused by the child. This obligation extends to almost every person or entity who may be injured by the minor’s actions, including municipalities, counties, school systems, individuals, partnerships, businesses, and religious organizations. Although Delaware Code Title 10, Section 3922 establishes accountability on the parents, it sets a $10,000.00 limit.
Common Law may still hold Delaware parents liable.
Even if Delaware’s parental responsibility rules do not apply, parents may be held financially liable for their children’s activities. When parents know their kid has a proclivity to behave recklessly or carelessly, they have a common law obligation to exert reasonable care to govern their young child in order to avoid deliberate injury and reckless conduct.
Assume parents are aware that their kid comes home from school every day and smashes golf balls across the neighborhood from the back yard. This conduct might be called deliberate. At the very least, it is undoubtedly irresponsible and poses an undue danger of physical harm (and property damage) to others. If a parent permits this practice to continue and the little kid injures someone with an errant golf ball, the parent is likely to be held liable for the resulting damages.