Parent and Guardian Liability for the Acts of Their Children: Part I
Believe it or not, mom and dad may be more liable for negligent supervision of a child when the child’s wrongful actions are characterized as negligent rather than intentional or malicious. Essentially, a complaint that alleges negligent parental supervision resulting in the child’s intentional wrongful conduct is limited by statute to $10,000 in actual damages, but a complaint that alleges negligent conduct has no cap on the amount of damages that can be recovered.
In fact, in Lavin v. Jordan, a case decided by the Tennessee Supreme Court, the parents of Troy Lavin, who was shot to death by Sean Jordan, attempted to sue Sean’s parents for two million dollars based on their alleged negligent supervision of Sean. According to the complaint, Sean’s parents were negligent in failing to control and police Sean despite their knowledge that he possessed weapons. The defendants allegedly were informed by their neighbor that Sean had broken into her home and stole several rifles and shotguns. The complaint also alleged that Sean’s mother overheard a telephone conversation in which her son admitted to stealing weapons from the neighbor and hiding them near their house. In fact, Sean later admitted that the .22 caliber rifle used to kill Troy Lavin was one of the weapons he stole. Based on these facts, the court limited the plaintiffs’ damages to a $10,000 statutory cap.
Intentional Conduct by Child, Negligent Supervision by Parents
TCA 37-10-101 through 103 puts a cap on damages collectable from parents whose children commit intentional acts against others.
Under these provisions, any person injured as a result of a willful or malicious act by a child under the age of 18 can recover up to $10,000 in actual damages, plus court costs, from a parent or guardian of the child if the parent or guardian knew of the child’s tendency to commit wrongful acts and where the parent or guardian had an opportunity to control the child but failed to exercise reasonable means to restrain the wrongful conduct.
Under this law, a parent or guardian is presumed to be aware of the child’s propensity to commit wrongful acts if the child had been convicted of a wrongful act in the past. For more information, please contact the skilled Tennessee personal injury lawyers at Baker Associates.
