Understanding the possible culpability of a parent or legal guardian in Utah for a minor’s “willful misbehavior” or carelessness.
Parents and/or guardians may be held liable for the damages caused by their underage children under state legislation known as parental responsibility laws. The intricacies of a parent’s obligation differ by state.
This article will describe the important features of Utah’s parental responsibility legislation, which are divided into three categories:
Request for a driver’s license (covered by Utah Code section 53-3-211)
Property damage (covered by Utah Code section 78(A)-6-1113) and permission to drive (covered by Utah Code section 53-2-212).
The age of majority in Utah, as in the majority of states, is 18. As a result, these restrictions only apply to children under the age of 18.
Table of Contents
Adults Who Sign a Minor’s Driver’s License Application Are Liable
According to Utah Code § 53-3-211, the parent or guardian of a minor seeking for a learner permit or driver’s license must sign the application.
If neither a parent nor a guardian has legal custody of a minor (for example, when a kid is in the care of Family Services), any “responsible adult prepared to accept [responsibility]” may sign the application. Section 53-3-211 holds the signor of the permit/license application liable for civil “compensatory damages” committed by a juvenile while driving a motor vehicle.
“Compensatory damages” are the out-of-pocket expenditures experienced by accident victims. If there is property damage, the compensatory damages are the cost of repairing the damaged property. If there are physical injuries, the compensatory damages are the medical expenditures incurred by the sufferer as a consequence of the accident.
The culpability of the application signor and the juvenile is joint and several under Section 53-3-211. This implies that a claimant may seek damages from both the juvenile and the adult, or from any of them alone.
Section 53-3-211 further restricts liability to the minimal limitations set by Utah’s automobile insurance laws. Furthermore, the signor of the permit/license application is not responsible if the owner of the vehicle has automobile insurance that covers the minor for an amount that fulfills Utah’s minimum coverage standards.
Liability of the Vehicle Owner
A vehicle owner who knowingly permits a juvenile to drive a vehicle, or a person who gives/furnishes a vehicle to a minor, is jointly and severally responsible with the minor if the minor negligently causes damage while driving the car, according to Utah Code § 53-2-212. The same insurance principles apply here as well, i.e., if insurance for the legal amounts to cover the child is in place, no culpability is imputed to the adult.
Section 53-2-212 does not preclude a victim from bringing a direct negligence claim against a person who provides a vehicle to a child. Also, bear in mind that Section 53-2-212 establishes responsibility in addition to, not instead of, the liability created by Section 53-2-211.
Minors Are Liable for Property Damage Caused by Them
A custodial parent or guardian is responsible for up to $2,000 in damages if their child causes property damage, according to Utah Code § 78(A)-6-1113.
The Act distinguishes between several types of property damage and whether the conduct was deliberate, reckless, willful, or illegal. Having said that, Section 78(A)-6-1113 covers practically every conceivable sort of property damage, including theft and graffiti. So, if a minor causes any form of property damage, Section 78(A)-6-1113 is likely to apply.
If the youngster commits the violation in association with a criminal street gang, the parent’s culpability may be enhanced to $5,000. A court may, however, waive all or part of a parent’s or guardian’s culpability for “good cause” or if the parent/guardian took reasonable attempts to avoid the improper action and reported it to the property owner or police authorities. Furthermore, if a parent or guardian makes a reasonable attempt to monitor, guide, or restrict their young kid, he or she will not be held accountable.
In Utah, parents may still be held liable under common law.
Even if Utah’s parental responsibility rules do not apply, parents may be held liable for their children’s acts.
When parents and guardians are aware that their kid has certain “dangerous propensities,” they may be obligated to take reasonable efforts to avoid foreseeable damage to others under a non-statutory set of tradition-based legal principles known as “common law.”