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Who is Legally Responsible for the Conduct of a Child?

by | Nov 14, 2017 | Family Law

ADULT LIABILITY FOR CONDUCT OF A CHILD

A parent or other person who has the duty of control and discipline of a child is liable for any property damage proximately caused by:

(1) the negligent conduct of the child if the conduct can reasonably be attributed to the negligent failure of the parent or other person to exercise that duty; or

(2) the willful and malicious conduct of a child who is between 10 and 18 years of age.

Recovery for damage caused by the willful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney’s fees.

LIABILITY FOR PROPERTY DAMAGE TO AN INN OR HOTEL

Recovery of damages by an inn or hotel for willful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney’s fees. “Occurrence” means one incident on a single day in one hotel room. The term does not include incidents in separate rooms or incidents that occur on different days.

A suit may be filed in the county in which the conduct of the child occurred or in the county in which the defendant resides.

CIVIL LIABILITIES

As a general rule, minors are civilly liable for their own wrongdoings. A parent may be liable if the parent negligently allows his child to act in a manner likely to harm another, if he gives his child a dangerous instrumentality, or if he does not restrain a child known to have dangerous tendencies. A parent’s duty to protect third parties from his child’s acts depends on whether the injury to the third party is foreseeable. Foreseeability is evaluated by looking at the parent’s knowledge of, consent to, or participation in the child’s activity.

A homeowner’s insurance policy might provide some coverage to the parent or other person who has the duty of control and reasonable discipline of child for property damage caused by a child in these circumstances.

Tim Whitten is certified as a Family Law Specialist by the Texas Board of Legal Specialization, and is committed to helping clients resolve family law conflicts in a way that preserves family relationships. Please contact us at 512-478-1011 or by email here for more information or to set up a consultation.

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512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
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Family Focused.
Solution Oriented.

Family Focused. Solution Oriented.

Resolving family law matters while preserving family relationships.

Family Focused. Solution Oriented.

Our goal is to help folks resolve their family law issues in a way that protects their interests and preserves their family ties. Most family law cases can be difficult from an emotional and financial perspective. We believe in reducing the emotional and financial stress by offering alternative options to resolving their disputes, such as mediation. We enjoy helping people who are interested in working together to find creative solutions to their circumstances.

We provide a variety of services to clients from all walks of life. We offer both full-scope and limited-scope representation so that you may choose the way you want to allocate your resources. We are open to exploring alternative fee arrangements, in appropriate cases. Contact us to inquire.

Helping You Pursue Alternative Conflict Resolution Methods

Too often clients in family law cases spend substantial sums of money arguing about issues in court and often feel worse at the end of their case than before they started. At The Law Office Of Tim Whitten, P.C., we are sensitive to this reality. This is why we explore alternatives to the traditional litigation approach with each client as we help him or her identify long-term legal interests and goals. After our representation begins, we strive to be available and responsive to each client to ensure that we stay on track with that client’s interests and goals.

Contact the Law Office of Tim Whitten

If you are in need of an experienced family law attorney and you believe that our philosophy may work for you, contact The Law Office Of Tim Whitten, P.C. We are dedicated to helping you and your family move forward peacefully. Call 512-478-1011 to speak with our firm today.

MORE THAN 25 YEARS OF PROFESSIONAL EXPERIENCE

Our primary attorney, Tim Whitten, is certified as a Family Law Specialist by the Texas Board of Legal Specialization. This means that he has experience in multiple case types, demonstrated proficiency, and mastery in some of the technical aspects of family law.

Contact Us Today

For a Confidential Consultation

Contact Us

512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
Map + Directions

Family Focused.
Solution Oriented.