Parental liability when their child is negligent

In Florida, as a general rule, parents are not responsible for the negligence of their children. However, they can become responsible if they themselves are negligent in the supervision of their children and, as a result, their children negligently injure someone.

An example of how a parent might become liable for a child’s conduct is the case of Seabrook v. Taylor. In that case, a 14-year-old boy got in a fight over a basketball game and the argument escalated to the point that the child went to his home and obtained a gun that his parents had left in an unlocked closet — freely accessible to the 14-year-old. The child shot two of his friends and a lawsuit was filed against the parents, alleging that they were negligent in allowing the minor to have access to the firearm. The jury awarded a sizable verdict against the parents based upon their own negligence.

A parent can also be responsible for the actions of their children when the parents sign to allow one of their children to obtain a driver’s license. By state statute, a minor under the age of 18 can obtain a driver’s license only if his or her parent signs an application for that license. By signing that application, the parents indicate their willingness to assume responsibility for the child’s negligence in driving a vehicle. The Ted Babbitt

Babbitt and Johnson, P.A. application requires that the parent represent that they will be financially responsible for any costs or damages arising from car accidents in which the minor is involved.

Lawyers who handle personal injury cases have to be aware of the law under a variety of possible fact situations. Lawyers who specialize in representing people who are injured as a result of automobile accidents, or other types of events that cause injury, need to be aware of the Florida statutes that apply to each situation and the case law that has interpreted those statutes. Lawyers who handle these types of cases do so on a contingent fee basis, charging a percentage of recovery rather than an hourly fee.

Theodore Babbitt is senior partner in the law firm of Babbitt & Johnson, P.A., and is a member of the Inner Circle of Advocates, which is limited to the top 100 personal injury lawyers in the United States.