The majority of states have implemented their own form of parental responsibility legislation. These are civil legislation that may be used to financially punish a parent or guardian if a minor kid performs certain detrimental conduct. In terms of the scope of a parent’s financial exposure and the sort of action that would trigger parental accountability, Oklahoma’s parental responsibility statute is quite restricted. Continue reading to discover the essentials of Oklahoma’s parental responsibility statute.
When Does Oklahoma’s Parental Responsibility Act Take Effect?
The complete language of Oklahoma’s parental responsibility statute may be found in Oklahoma Statutes Title 23 section 23-10. (browse the official online version of the Oklahoma Statutes).
This legislation holds parents financially accountable for specific injury caused by a child when:
The minor is under the age of 18 at the time of the action; the minor is living with the parent at the time of the action; the child’s behavior amounts to a “criminal or delinquent act,” and the act results in physical harm to a person, damage to real or personal property, or theft of property.
Section 23-10 authorizes any of the following organizations to sue the minor’s parent or parents for compensation:
Any individual, company, or organization in the state of Oklahoma, as well as any county, city, town, municipal corporation, or school district in Oklahoma.
So, basically, any individual or organization that has been affected by a minor’s behavior may file a lawsuit under 23-10. However, it is crucial to note that a parent is only accountable under section 23-10 if a child “commits any criminal or delinquent conduct.” That is, the minor’s actions must reach to the threshold of criminal activity as defined by Oklahoma law. In other words, if a youngster behaves irresponsibly and causes a disaster (such as a vehicle accident), the parent’s duty under Oklahoma’s parental responsibility legislation is not triggered. However, the Act would apply to acts of vandalism or assault and violence committed by a juvenile.
What is the maximum monetary liability of a parent under Section 23-10?
This section of the law establishes certain budgetary constraints. Assume a claimant sues a parent under section 23-10 and obtains a court judgment finding the parent accountable for medical expenditures or property damage incurred as a consequence of the minor’s behavior. Section 23-10 expressly limits a parent’s financial obligation to $2,500, thus the claimant cannot recover more than that amount from the parent.
Oklahoma Parents may be held liable in excess of Section 23-10.
Beyond the reach of any regulation, parental culpability for a child’s acts may still exist in Oklahoma under classic fault theories such as negligence.
Essentially, a parent may be responsible for any subsequent injury if they are aware of their kid’s harmful inclinations yet fail to take reasonable efforts to properly monitor the child, and someone is wounded in a predictable manner. This is not a simple case to establish against a parent, yet the possibility of culpability exists.