Understanding a parent’s or legal guardian’s possible culpability in Tennessee for a minor’s “willful misbehavior” or carelessness.
A parent may be held financially accountable for certain damages and injuries caused by a young child’s behavior under parental responsibility laws, which have been established by every state in some form or another. The conditions under which a parent may be held accountable differ by state. Typically, the juvenile’s behavior must be deliberate or malevolent, however some jurisdictions hold a parent accountable if their minor child causes an accident, such as a vehicle accident.
What does Tennessee’s parental responsibility statute have to say about this? The essential aspects of this legislation, which may be found in Tennessee Code Title 37, Chapter 10, Part 1, will be discussed in this article. (Note: There is no direct link to the law; instead, you must browse to the reference from the main page of the Tennessee Code online).
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Tennessee Parental Liability for Personal Injury and Property Damage
Parents and legal guardians may be held financially liable under Tennessee Code Title 37, Chapter 10, Part 1 if a young child in their care intentionally or knowingly causes bodily harm or property damage.
“Willful” is a legal word that denotes a person wanted to do something and may have even desired a certain outcome. That is a higher standard that demands more than the minor’s negligence. So, in Tennessee, if a kid causes a car accident, a parent is not liable for the subsequent injuries or vehicle damage (assuming the crash really was an accident). However, the Act would apply if a juvenile committed vandalism or assault and violence on another person.
Tennessee, like other states, sets the age of majority at 18. As a result, the state’s parental responsibility statute only applies to the custodial parent of a kid who was under the age of 18 at the time the damaging conduct occurred.
A corporation, county, town, municipality, school district, or state organization, in addition to people, may seek damages from a minor’s parents under Tennessee Code § 37-10-101.
Tennessee’s Financial Liability Limits for Parents
A parent’s obligation under section 37-10-102 is limited to $10,000, plus payment of the claimant’s court fees.
This $10,000 is only for “actual damages.” These are the out-of-pocket expenditures related to the injury or property damage. For example, if a person was injured, the “actual damages” would be the amount of medical expenditures incurred as a result of the accident. Non-economic losses, such as “pain and suffering,” are not considered “actual damages.”
The “Common Law” Rule Has Been Codified in Tennessee
Section 37-10-103 of the Tennessee Code discusses when parents and guardians may be held financially liable for their children’s activities, even if the behaviors are not malicious or purposeful.
According to the law, a parent or guardian may be held accountable for the actions of a juvenile under their supervision that cause bodily harm or property damage if:
The parent/guardian is aware, or should be aware, that the child has a proclivity to commit wrongful acts that could result in injury and/or property damage; the parent/guardian has the opportunity to control the child; and the parent/guardian fails to use reasonable means to prevent the injurious activity.
A parent is believed to be aware of a kid’s proclivity for wrongdoing if the youngster has previously been accused and held accountable for similar conduct.
An example may be useful. Assume a parent is aware that their small kid returns home from school every day and throws pebbles at homes in the area. In such case, the parent is aware that the kid has a propensity to engage in tortious behavior that might result in personal harm or property damage. If the parent fails to take reasonable precautions to keep the kid from throwing rocks at homes in the area, and the minor damages or injures someone with a thrown rock, the parent is likely to be held liable for the damages.