Understanding the possible culpability of a parent or legal guardian in Indiana for a minor’s “willful misbehavior” or carelessness.
Almost every state has some type of “parental responsibility legislation,” which holds parents and/or guardians accountable for certain damages committed by their minor children who are not yet of legal age. Some laws restrict parental culpability to a minor’s willful and/or malevolent conduct, while others extend accountability to accidents. This essay will concentrate on some of the most important components of Indiana’s parental responsibility legislation.
What are the Parental Responsibility Laws in Indiana?
Indiana has enacted a variety of regulations that stipulate when parents will be held civilly liable for their children’s damaging behavior. These laws define the forms of behavior that may subject parents and guardians to responsibility, as well as the amount of that potential liability. Indiana’s parental responsibility statutes are divided into three categories:
Property damage and physical injury (as defined in Indiana Code Section 34-31-4); gang-related behavior (as defined in Indiana Code Section 34-31-4); and driving (covered by Indiana Code, Section 9-24-9-4).
Under Indiana law, how old must the child be?
Parents or guardians may only be held accountable for specific underage children’s actions. And, since Indiana (like other states) sets the age of majority as 18 years old, the Indiana rules we’re discussing here do not apply to parents whose children are above the age of 18.
Indiana Parental Liability for Bodily Injury and Property Damage
According to Indiana Code Section 34-31-4, a parent/guardian is financially liable for certain bodily injury or property damage caused by a minor’s actions if:
The minor kid is in the care of the parent or guardian, and the youngster lives with the parent or guardian.
There are two significant restrictions to this liability:
The kid must have done so knowingly, willfully, or recklessly, and the parent/guardian cannot be held accountable for more than $5,000 in actual damages.
“Actual damages” imply that the injured individual cannot receive money for non-economic losses such as “pain and suffering,” which may be a substantial component of damages in a personal injury lawsuit.
In Indiana, Parental Responsibility for a Minor Child’s Gang Involvement
Section 34-31-4 of the Indiana Code holds parents and guardians liable if their underage child causes physical injury or property damage while engaging in criminal behavior as a member of a gang.
To be held accountable under this section of the law, the parent or guardian must:
The parent or guardian must have custody of the underage kid, the child must reside with the parent/guardian, and the parent/guardian must fail to take reasonable precautions to keep the child from being involved in a criminal gang.
This law is plainly aimed at curbing gang-related violence. To that aim, the Act imposes no culpability limit, therefore non-economic damages such as “pain and suffering” are permissible.
Indiana Parental Responsibility for a Child’s Driving
Indiana, like many other states, requires parents, guardians, or another responsible adult to sign a minor’s permit or driver’s license application. According to Indiana Code Section 9-24-9-4, the person who signs this application agrees to be jointly responsible – together with the minor – for any injuries or damages caused by the minor’s use of a motor vehicle.
If the adult who signed the application desires to be released from this obligation, he or she must submit a confirmed written request. If this request is made, the minor’s permit or driver’s license will be suspended immediately, and the adult will be released from financial responsibility. Of course, once the child reaches the age of 18, the adult is no longer legally responsible for the minor’s driving.
Indiana Common Law may still hold parents liable.
The rules governing parental responsibility in Indiana will not apply in every case when a child causes bodily harm or property damage. However, parents may still be held accountable for their children’s acts. Under classic “common law” concepts, parents have a duty to govern their young child and avoid deliberate harm and irresponsible conduct that poses an undue danger of physical damage. In other words, if a parent is aware that his or her kid has a proclivity to behave recklessly or carelessly, the parent may be obliged to take reasonable precautions to keep that child from causing foreseeable injury to others.