Understanding a parent’s or legal guardian’s possible culpability in New York for a minor’s “willful wrongdoing” or carelessness.
Almost every state has enacted some type of parental responsibility legislation. Parents or legal guardians may be held liable for certain damages committed by a minor child under these provisions. The details depend on the wording of the state’s legislation, however parents may be held financially liable if their kid willfully or maliciously damages or destroys property or injures someone. In certain areas, parents may even be held liable for injury their children inadvertently cause. In this post, we’ll go through the specifics of New York’s parental responsibility statute.
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The Fundamentals of New York’s Parental Responsibility Statute
N.Y. General Obligations Law 3-112 contains New York’s Parental Responsibility Law.
Parents and legal guardians are exclusively accountable for their underage children’s acts under this legislation. The age of majority in New York, as in the majority of states, is 18. However, according to New York’s Parental Responsibility Law, a kid must be past the age of 10 before parents may be held liable for their child’s acts. So bear in mind that this rule only applies if a minor kid is beyond the age of 10 and under the age of 18.
Parents and legal guardians who have custody of a minor child may be held liable for the activities of the kid under New York General Obligations Law 3-112. If, on the other hand, the State, Social Services Department, or a foster parent has custody of a kid, they are not liable under 3-112.
Who Can Sue for Damages in New York Under the Parental Responsibility Law?
Anyone or any person who has been harmed by a minor’s deliberate, malicious, or criminal activities may seek restitution against the minor’s parents or guardians. In other words, under 3-112, people, towns, businesses, churches, and so on may all seek damages.
Property Damage Liability
When a juvenile knowingly or maliciously destroys property, he or she is liable under 3-112. It also makes vandalism and property theft illegal. As long as the kid behaved knowingly or maliciously, 3-112 covers the majority of property violations. This implies that there must be some sort of purpose behind the activity. As a result, parents will not be held accountable under 3-112 if their kid accidentally destroys property.
Responsibility for “False Bombs”
The reporting or placement of a “false bomb” is explicitly prohibited in New York. 3-112 holds parents and guardians liable if a juvenile in their care violates the law. Damages for this violation are equal to the amounts legitimately spent in responding to the report or placing the phony bomb. This might result in a significant fine. A bomb squad and many police officers cost a lot of money to deploy. However, liability is limited to $5,000.
What if a parent is unable to pay?
If judgment is filed against a parent or guardian under 3-112, for $500, or more, the parent or guardian may ask for a “hardship pardon” of sorts. The parent or guardian must provide thorough proof of incapacity to pay. If appropriate proof is shown, the court may lower the amount of the parent’s judgment. However, the judgment will never be reduced to less than $500.
Is the Parent Entitled to Any Defenses?
Parents and guardians are not responsible under 3-112 if restitution has been paid. Parents and guardians may also be exempt from accountability if the minor in their care willingly and without justification abandoned the parent’s or guardian’s house before the damage or destruction occurred.
The fact that the parent or guardian kept a close eye on the little kid is not a defense. However, courts may take this into account when deciding the degree of responsibility.
In New York, “common law” may still place responsibility on parents.
Even if a minor’s acts fall beyond the reach of the rules listed above, the “common law” – a long-standing, non-statutory collection of legal principles – may nevertheless hold parents liable. For example, if a parent is aware that a kid has a proclivity to participate in particular harmful behaviors, the parent may be legally obligated to take reasonable precautions to prevent the child from inflicting foreseeable injury.
