![]() The bottom line is that, as parents, you need to be keenly aware that you can be held vicariously liable for any injuries or other damage your child might cause as a result of a car accident which occurs while your child is driving a vehicle that is registered in your name. Many other states have similar laws imposing liability upon the owner of a car in similar circumstances. ![]() In New York State, Vehicle and Traffic Law Section 388 states that every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle.Įssentially, this means that as the owner of a car, you are legally responsible for the acts of the driver of any car you own, regardless of whether you are actually driving the car. There is a term in the insurance and legal world called “vicarious liability,” which means as the parent and vehicle owner, you may not be free from liability. Also, parents may be guilty of actionable negligence for failing to supervise a child who negligently injures a third party. However, a parent who negligently entrusts an automobile to a child with knowledge that the child is incompetent or reckless may be liable for injuries suffered by a third party as a result of the child’s negligent or reckless driving. Cars, College Kids and Parents’ LiabilityĪ parent generally is not liable for a child’s negligent operation of an automobile. ![]() In other words, you, as the parent, must have failed to do something you had a duty to do. Liability for your child’s behavior is not based solely on the fact that a parent-child relationship exists. Q: Am I Always Liable for Injuries my Child Causes Simply Because I am the Parent?Ī: No, you are not always liable for injuries your child causes. And don’t end up in a worse position – across the courtroom from me at the other table. Don’t end up in a high-stakes liability lawsuit. Make sure you protect yourself and the college savings that funds your child’s education. You have worked hard to achieve your financial status and stability. As students leave home for college, be proud, but also be wary of the fact that a child away at college raises new and unique possibilities for lawsuits that could come right back to your doorstep faster than your son or daughter does.
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