Parent and Guardian Liability for the Acts of Their Children: Part II
Negligent Conduct by Child, Negligent Supervision by Parents
Under Tennessee common law, parents are not automatically liable for the actions of their children unless the parent negligently supervised the child.
In order for a parent to be held liable for the dangerous habits of his or her minor children causing Tennessee personal injuries and damages to others, the plaintiff must show that:
- the parent had the opportunity and ability to control the child, and
- the parent had knowledge, or in the exercise of due care should have had knowledge, of the child's habit, propensity or tendency to commit specific wrongful acts, and
- the specific acts would normally have been expected to cause injury to others, and
- the parent failed to exercise reasonable means of controlling or restraining the child. Source: Henneberry v. Simoneaux, 2006 WL 2450138 (Tenn.Ct.App. August 22, 2006)
If a child negligently harms another and evidence shows that, more likely than not, the parents negligently supervised the child, then the parents will be liable for not only actual damages, but all other damages recognized by law, including pain and suffering, loss of consortium and punitive damages.
Conclusion
When parents negligently supervise their children, they are liable for the personal injuries and property damage their children cause. The extent of the liability depends, in part, on whether the child’s actions are construed as negligent or intentional. The line between negligent and intentional is not always straightforward; therefore, inserting the wrong language in the complaint could substantially limit your recovery. Hence, it is always important that you seek out experienced legal representation before bringing a claim.
At Baker Associates, we have years of experience representing victims of negligent and intentional conduct. Let us help you receive the compensation you deserve; call 866-853-2888 to schedule an appointment to speak with a friendly and skilled Tennessee personal injury attorney.
