How To Prove A California Parental Liability Claim
In California, a claim of Parental Liability is defined as:
The financial liability of a parent or lawful guardian as established by presenting evidence at hearings of death, injury, or property damage caused willfully by a minor child in the custody of or under the control of the parent or guardian.
It simply means:
Parents are legally responsible for the illegal acts of their children.
There are 5 elements of the claim:
- Element 1. The defendant observed child’s dangerous behavior that led to plaintiff’s injury or was aware of child’s habits or tendencies that created an unreasonable risk of harm to other persons. The defendant noticed that the child was acting dangerously or knew about the child’s risky habits, which created a situation that could easily harm others, leading to the injury of the plaintiff.
Facts that might support this element look like:
* The defendant frequently witnessed the child engaging in reckless activities, such as climbing on unstable structures at the playground.
* The defendant had previously been informed by other parents about the child’s tendency to push younger children during playtime.
* The defendant observed the child repeatedly ignoring safety rules while riding a bicycle in the neighborhood.
* The defendant was aware that the child had a history of aggressive behavior towards peers, which had resulted in prior altercations.
* The defendant had been advised by teachers about the child’s disruptive behavior in school, indicating a pattern of risk-taking. - Element 2. The defendant had the opportunity and ability to control the conduct of the child. The defendant had the chance and means to guide the child’s behavior, meaning they could have influenced how the child acted in a way that might prevent harm or wrongdoing.
Facts that might support this element look like:
* The defendant was present at the location where the child’s conduct occurred and could have intervened.
* The defendant had previously established rules regarding the child’s behavior and was aware of the child’s tendency to disregard them.
* The defendant had the means to supervise the child during the relevant time period but chose not to do so.
* The defendant had communicated with the child about the expected behavior prior to the incident, indicating awareness and control.
* The defendant had the ability to restrict the child’s access to certain activities that led to the conduct in question. - Element 3. The defendant failed to either exercise reasonable care to prevent the child’s conduct or to take reasonable precautions to prevent harm to others. The defendant did not take proper steps to ensure the child behaved safely or to protect others from potential harm caused by the child’s actions.
Facts that might support this element look like:
* The defendant was aware that their child had a history of aggressive behavior towards other children but failed to supervise them during playdates.
* The defendant did not implement any rules or boundaries regarding their child’s interactions with peers, despite previous incidents of misconduct.
* The defendant neglected to seek professional help or counseling for their child, despite repeated warnings from teachers about the child’s disruptive behavior.
* The defendant allowed their child to play unsupervised in a public area known for unsafe conditions, increasing the risk of harm to others.
* The defendant failed to communicate with other parents about their child’s behavior, which could have helped prevent future incidents. - Element 4. The plaintiff was harmed. In a parental liability claim, “the plaintiff was harmed” means that the person making the claim suffered some kind of injury or damage, whether physical, emotional, or financial, due to the actions of the child, which the parents may be held responsible for.
Facts that might support this element look like:
* The plaintiff suffered physical injuries requiring medical treatment after being struck by the defendant’s child during a reckless act.
* The plaintiff incurred significant medical expenses due to the injuries sustained from the incident involving the defendant’s child.
* The plaintiff experienced emotional distress and anxiety as a direct result of the incident with the defendant’s child.
* The plaintiff lost wages due to time off work needed for recovery from the injuries caused by the defendant’s child.
* The plaintiff’s property was damaged during the incident, resulting in financial loss and the need for repairs. - Element 5. The defendant’s negligence was a substantial factor in causing plaintiff’s harm. The defendant’s careless actions played a major role in causing the harm that the plaintiff experienced, meaning their lack of proper care directly contributed to the situation that led to the plaintiff’s injury or loss.
Facts that might support this element look like:
* The defendant failed to supervise their child during a party, allowing the child to engage in dangerous behavior.
* The defendant was aware of their child’s history of reckless actions but did not take steps to prevent further incidents.
* The defendant provided alcohol to minors at their residence, contributing to the harmful situation that ensued.
* The defendant’s negligence in maintaining a safe environment directly led to the plaintiff’s injuries.
* The defendant ignored multiple warnings from neighbors about their child’s unsafe activities, demonstrating a disregard for potential harm.
(See California Civil Jury Instructions (CACI), No. 428.)
If you’re in court without a lawyer and plan to assert a Claim of Parental Liability, it’s essential to have a Personal Practice of Law at Courtroom5. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.
Prove Your CA Parental Liability Claim
U.S. Civil Cases Only