Injuries Inflicted by Minors: Navigating Parental Liability and Insurance Coverage When Children Cause Harm

This CLE will address when parents or legal guardians can be held civilly or criminally liable for the actions of minors. The panel will discuss those situations in which liability can arise, including acts involving computers, the relevance of the child's culpability, insurance coverage issues, subrogation, theories of liability, defenses, and damages. The panel will also review special issues related to discovery and trial when minors may key witnesses.

Parental liability is a growing and complex area of law that has taken on increased importance in the aftermath of crimes, car accidents, and reckless conduct committed by unemancipated minors. Computer crimes and crimes committed using computers, phones, or social media, including copyright violations, should not be overlooked.

Liability is imposed based on theories of negligence, statutory liability, and the common law. When claims are asserted, thorny insurance coverage issues may arise over defense or payment of any claims. Even if no suit is filed, increasingly, parents may find themselves the targets of subrogation efforts. Only recently have insurers offered policies designed for foster parents.

When evaluating claims against parents, the age and capacity of the child may play an important role. Minors engaged in adult activities such as flying an airplane or driving a motor vehicle (or boat) are held to the standards of an adult engaged in such activities. The judicial system is increasingly willing to charge parents when their children commit crimes.

Listen as this expert panel discusses when parents or legal guardians can be held civilly or criminally liable for the actions of minors.