Understanding a parent’s or legal guardian’s possible culpability in Kentucky for a minor’s “willful wrongdoing” or carelessness.
A parental responsibility statute may be used to make parents and/or guardians liable for youngsters’ injuries or damages. Some jurisdictions hold parents financially accountable only when a minor kid behaves maliciously or willfully. Other states expand parental culpability to minor-caused accidents. A parent’s financial culpability is often limited, and the amount of that limit varies by state.
This article will look at Kentucky’s parental responsibility legislation, with an emphasis on two important statutes:
Section 405.025 of the Kentucky Revised Statutes pertains to minors who cause property damage, while Section 186.590 of the Kentucky Revised Statutes refers to minors who cause automobile accidents.
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In Kentucky, parental responsibility for graffiti and other property damage exists.
If a juvenile intentionally marks, defaces, or otherwise destroys property and a judgment is filed against them, the child’s custodial parent(s) or guardian(s) will be held accountable for the judgment. To collect against the child’s parent or guardian, the property owner must file a lawsuit against the minor and identify the parent or guardian as a defendant.
However, liability is limited to $2,500 per judgment. If a kid commits a second offense under this provision, the parent or guardian is only responsible for a total of $10,000. Owners of unlawfully damaged property may seek compensation from a child’s parents, but they may also seek compensation directly from the minor. For example, if the parent’s obligation has been exhausted under the statute’s maximum but a balance remains, the injured party may bring a claim directly against the child.
Parental Responsibility in Kentucky for a Minor’s Negligence While Driving
A parent or guardian must sign a minor’s application for a driver’s license or permit in Kentucky. According to Kentucky Rev. Stat. § 186.590, the person who signed the application is jointly accountable – along with the minor – for any damages caused by the minor while driving recklessly, which may range from a little fender bender to a severe automobile accident. However, the parent/guardian may be released from accountability if the minor, or someone acting on their behalf, deposits evidence of financial responsibility, such as insurance or a bond.
Remember that under this regulation, any vehicle owner (not just a parent) who enables a juvenile to drive their car may be held liable if the youngster causes property damage or physical harm via negligent driving.
Parents in Kentucky may still be liable under common law.
Even if the Kentucky legislation stated here do not apply, parents may still be held financially liable for their children’s activities. The “common law,” a collection of customary, non-statutory legal concepts, may impose responsibility.
“A parent is under a duty to exercise reasonable care so as to control his minor child in order to prevent it from intentionally harming others or from conducting itself in such a way as to create an unreasonable risk of bodily harm to them, if the parent (a) knows or has reason to know that he has the ability to control his child, and (b) knows of or should know of the necessity and opportunity of e
In other words, if parents are aware that their kid has a proclivity to behave recklessly or carelessly, the parents may be obliged to take reasonable precautions to keep the child from causing foreseeable injury to others.
Assume a parent is aware that his or her kid is a distracted driver who constantly chats or texts on the phone while driving. In reality, the youngster has already gotten three traffic tickets for “distracted driving” in less than a year. Consider that, despite this information, the parent permits the kid to drive a car without attempting to restrict the youngster’s phone usage. It’s a difficult case to establish, but if the youngster causes a vehicle accident while chatting or texting on the phone, the parent may be judged irresponsible and at least partly responsible for the following injuries and other losses.