Understanding a parent’s or legal guardian’s possible culpability in New Mexico for a minor’s “willful misbehavior” or carelessness.
According to state regulations known as “parental responsibility laws,” parents and/or guardians may be held financially liable for damages caused by underage children – whether via deliberate conduct or, in certain cases, accidents, depending on the nuances of the state’s law. This article will go through New Mexico’s parental responsibility statutes, the types of behavior covered by these regulations, and the degree to which a parent or guardian is liable.
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What are the Parental Responsibility Laws in New Mexico?
The Parental Responsibility Laws in New Mexico are divided into two sections:
willful/malicious conduct committed by a minor (covered by New Mexico Statutes § 32A-2-27), including minor driving (covered by New Mexico Statutes section 66-5-11)
New Mexico, like other states, sets the age of majority at 18. As a result, these regulations only apply to custodial parents/guardians of children under the age of 18.
In New Mexico, parents have parental responsibility for their minor children’s willful or malicious acts.
In New Mexico, parents and guardians who have care of a juvenile may be held liable if the minor deliberately or knowingly injures a person or destroys property, according to New Mexico Statutes § 32A-2-27.
The financial culpability of a parent or guardian is limited to $4,000, plus court expenses and (in certain situations, attorney fees) spent by the individual who was affected and filed the legal action.
The parent’s or guardian’s obligation is limited to “actual damages,” which are any measurable losses incurred as a result of the minor’s activities. These include out-of-pocket expenses such as medical costs and lost income due to personal injuries, as well as payments to replace or repair destroyed property. “Actual damages” exclude non-economic losses such as pain and suffering. These sorts of damages may be fairly significant when catastrophic injuries are involved, thus this is a crucial difference.
There are a few additional things to remember about section 32A-2-7:
Even if the kids are under the requirements of the Delinquency Act, i.e. if the child has committed a crime, a court may nonetheless compel them to pay for damages caused by their malicious or purposeful activities.
The Act expressly exempts foster parents from responsibility.
In New Mexico, there is liability for a minor’s driving.
Section 66-5-11 of the New Mexico Statutes requires a parent, guardian, employer, or other responsible person to sign a minor’s application for a driver’s license or instruction permit. If the minor causes harm while driving due to carelessness or deliberate misbehavior, culpability will be attributed to the person who signed the child’s application. Liability is “joint and several,” which implies that both the parent and the minor may be held individually or collectively liable for the consequent damages.
Under section 66-5-11, liability is not limited at any cash figure, therefore parents or guardians may be held accountable for any and all injuries and vehicle damage caused by a young child’s collision, whether it’s a fender-bender or an accident caused by the kid’s drunk driving. Furthermore, since damages are not restricted or limited, this includes compensation for pain and suffering as a consequence of the vehicle accident.
Parents, guardians, and other adults who deposit evidence of financial responsibility with the state may escape obligation under section 66-5-11. This may be done with evidence of insurance or a bond.
In New Mexico, parents may still be liable under common law.
Even if New Mexico’s parental responsibility rules do not apply, parents may be held financially liable for their children’s activities. Parents who know their kid has a proclivity to conduct recklessly or negligently may be expected under a non-statutory secondary legal authority known as “common law” to take reasonable precautions to prevent that child from causing foreseeable damage to others.
Assume a parent knows his or her kid bought some throwing knives and that the youngster throws the blades about without regard for the safety of others. Clearly, the parent is aware of the child’s actions; nonetheless, the parent does nothing to intervene.
If the kid subsequently causes an accident by carelessly tossing these weapons about, the parent may be held liable for failing to take reasonable measures to control the child’s conduct. In practice, proving that type of case would be difficult, but the parents may still be held liable.