Understanding the possible culpability of a parent or legal guardian in Nevada for a minor’s “willful misbehavior” or carelessness.
Parental responsibility laws, which are in effect in the majority of states, hold parents and/or legal guardians financially liable for certain types of harm committed by their underage children. Every state’s legislation on the issue differs; some extend liability to accidents, while others restrict parental responsibility to purposeful conduct; in this article, we’ll go over everything you need to know about Nevada’s parental responsibility laws.
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What are the Parental Responsibility Laws in Nevada?
Nevada’s parental responsibility laws are divided into four categories:
willful behavior by a little kid (covered by Nevada Rev. Statutes section 41.470)
The use of guns by a minor causes damage (covered by Nevada Rev. Statutes section 41.472)
damage caused by a minor driving a car (covered by) and damage caused by a minor riding a motorbike (covered by Nevada Rev. Statutes section 486.101).
A minor is defined as somebody under the age of majority. Nevada, like other states, sets the age of majority at 18. As a result, the laws detailed here only apply to custodial parents/guardians of children under the age of 18.
Let us examine each of these Nevada legislation in further detail.
Parental Responsibility for a Minor’s Willful Acts in Nevada
Parents and guardians are liable for any damages caused by a minor’s “willful wrongdoing” under Nevada Revised Statutes section 41.470. An action is deemed intentional if the individual planned to do it, however it is unlikely that the minor intended to inflict the exact injury that occurred.
Under this legislation, liability is extensive. It includes property destruction, physical harm, and even death. So, if a juvenile throws a brick through a building’s window and the brick impacts and injures someone inside, the parent or guardian is accountable for the cost of repairing the damaged window as well as any medical expenditures the wounded person may pay. However, under 41.470, a parent’s obligation is restricted to $10,000.
Section 41.470 imposes joint and multiple liability. In other words, a victim may seek complete restitution from both the parent and the kid, or from any of them alone.
In Nevada, parental responsibility for damage caused by firearm usage exists.
Parents, guardians, or anyone legally responsible for a child may be held accountable for damages caused by the minor’s careless or deliberate misuse of a weapon under Nevada Revised Statutes section 41.472. There are several requirements for liability. To be held accountable, the parent, guardian, or other person must do the following:
know the minor has been adjudged delinquent or convicted of a crime, or know the minor has a proclivity for violence, or know, or have cause to believe, the minor intends to use the handgun for criminal reasons, and allow the minor to use or possess the firearm.
Again, liability is joint and many. However, under 41.472, there is no cap on damages. Parents may be held financially liable for any and all medical expenditures and other damages incurred as a result of their child’s usage of a weapon.
Parental Liability for Automobile-Related Injury
Section 483.300 of the Nevada Revised Statutes requires a parent, guardian, employer, or other responsible person to sign a minor’s application for a driver’s license or instruction permit. Furthermore, if the child causes harm while driving due to carelessness or deliberate misconduct, blame will be attributed to the person who signed the minor’s application. As a consequence, parents and guardians may be held legally liable for any injuries and property damage caused by an automobile accident caused by a juvenile driver whose license application they approved.
Parental Liability for Motorcycle-Related Injury
Similarly, section 486.101 of the Nevada Revised Statutes requires a parent, guardian, employer, or other responsible person to sign a minor’s application for a motorcycle driver’s license. Liability for damages produced by a minor’s negligence or intentional behaviour while riding a motorbike is attributed to the person who signed the application, just as it is with driving a car.
In Nevada, parents may still be liable under “common law.”
Even if Nevada’s parental responsibility rules do not apply, parents may be held financially liable for their children’s activities under a non-statutory system of secondary authorities known as “common law.”
Essentially, parents who are aware that their kid has a proclivity to behave recklessly or negligently may be obliged to take reasonable precautions to keep the child from causing foreseeable injury to others.