Understanding the possible culpability of a parent or legal guardian in Ohio for a minor’s “willful misbehavior” or carelessness.
Parents may be held financially liable for damages and injuries caused by their underage children under parental responsibility legislation in most states. Although the youngster’s conduct must often be purposeful or malevolent, parents are often held liable when a minor causes an automobile accident. The specifications differ from one state to the next. Continue reading for more information about Ohio’s parental responsibility legislation.
Table of Contents
What are the Parental Responsibility Laws in Ohio?
Ohio’s Parental Responsibility Laws are divided into four (4) sections:
Property damage and theft are covered by Ohio Revised Code section 3109.09; personal injury is covered under Ohio Revised Code section 3109.10; and driving is covered under Ohio Revised Code section 4507.07.
A minor is defined as a person who has not achieved the age of majority. Because Ohio, like other states, establishes the age of majority at 18, the rules outlined below apply solely to children under the age of 18.
In Ohio, parental liability for property damage/theft exists.
If a youngster in the parent’s care wilfully destroys property belonging to another, a parent (or legal guardian) might be responsible for up to $10,000, plus payment of the claimant’s court costs, under Section 3109.09.
This statute covers both property damage and theft. One thing to keep in mind: the $10,000 cap on compensatory damages does not apply to certain acts of vandalism, destruction, or ethnic intimidation (more on those later).
If a court reaches a judgment in favor of a school under Section 3109.09 and both the parent and the school agree, the court may require the parent to conduct community service in lieu of paying the judgment in full. If a court takes this approach, it must define the amount of the sentence as well as the kind and number of hours of community service to be completed in its order.
In Ohio, parental liability for personal injury exists.
If a juvenile kid wilfully and maliciously strikes someone with force that is likely to cause serious bodily damage, the child’s parent is accountable to the injured person. “Willful” is a legal word that denotes a person intends to conduct the activity and may also plan to inflict the resulting damage. Liability, like property damage, is restricted at $10,000 plus court fees.
Remember that a parent’s personal injury responsibility for the activities of a young kid does not apply to accidents caused by the minor, but it does extend to deliberate torts such as assault.
Vandalism, Desecration, or Ethnic Intimidation by Parents
As previously stated, there are various circumstances in which parents’ culpability restrictions may be relaxed. If a juvenile kid commits vandalism, desecration, or ethnic intimidation, the victim may seek restitution from the offender’s parents for up to $15,000, plus court-related costs and attorney’s fees.
A parent and the parent’s minor kid are equally and severally responsible under Section 2307.70. In other words, a wounded person may seek compensation from both the parent and the kid, or from any of them alone.
In Ohio, parental liability for a minor’s driving exists.
An adult must sign a minor’s application for a driver’s license or permit in Ohio. If a juvenile kid performs an act of carelessness, deliberate or wanton misbehavior, or reckless driving while operating a motor vehicle, the adult who signed the minor’s application will be financially liable for the resultant harm. Both the minor and the adult are jointly and severally accountable. Adult liability may be avoided by giving evidence of financial responsibility, such as proof of insurance.
In Ohio, parents may still be liable under common law.
Even if Ohio’s parental responsibility rules do not apply, parents may find themselves financially responsible for their children’s behavior. These legislation often concentrate on giving particular remedies for certain acts. However, under non-statutory “common law” norms developed mostly from court judgments handed down over time, parents and guardians may be found culpable for failing to appropriately monitor small children.
In essence, parents who are aware that their kid has a proclivity to conduct in a risky or irresponsible way may be obliged to take reasonable precautions to avoid the child from causing foreseeable injury to others.