Thursday, July 23, 2009

Say What!!! Are you kidding me!

I found this interesting and also a little ridiculous in some circumstances. I understand controlling your kids, but I cannot and will not have my teenager leashed to me. I cannot follow them and all I can do is hope that I instilled morals in them...but the day I have to pay for their stupidity, they are dead meat!

READ ON... This is an Illinois law.

Parental Liability for Minors

In general, minors are liable for their misdeeds. However, when a minor acts intentionally or negligently in a manner that causes harm to another, it is difficult to collect damages from the minor. In such a situation, the minor's parents may also be held liable for their child's acts and/or ordered to pay for them. A "parent" can be anyone exercising parental authority over the child, but typically refers to the "custodial" parent. Although they vary widely by state, most parental liability laws target intentional, malicious or reckless behavior and exclude pure accidents. Parental liability stems from the custodial parents' obligation to supervise and educate their children.

Types of Acts by Minors for Which Parents May be Liable

Many states have enacted laws which hold custodial parents responsible for delinquent acts of their minor children including:

Vandalism

Theft and shoplifting

Automobile accidents (especially if junior throws a party and someone left drunk, gets hurt, kiss your house goodbye)

Fights and assaults

File sharing (e.g., music industry copyright cases)

In general, individuals who are injured or harmed by a minor may be able to file suit against both the minor and the minor's parents.

A co-worker's daughter was caught shoplifting (14 years old) and was arrested and sentenced to community service. Okay fine, good, she learned a lesson (hopefully). Well then mom gets a letter from the store stating that the mom has to pay $130 in restitution. WHAT??? There were no damages, the merchandise never even got of the store. What are you paying for. Maybe I am wrong, but when I drop off my kid at the mall and they do something SO STUPID, why do I have to pay?

So with the fighting at Mt. Greenwood, parents be forewarned, if someone gets hurt, YOU can be liable for DAMAGES.

Open Post 7/23 through 7/29

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