Personal Injury Newsletters

Actions Against Parents for Torts of Children

Generally, parents are not liable for the torts of their minor children. However, there are exceptions to this general rule, and parents may be held liable in certain circumstances.

Defense of Others

In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he or she acted in self-defense. Similarly, under some circumstances, a defendant may claim defense of others as a defense. Defense of others is a proper defense when the person the defendant was trying to defend would have been justified in using force to defend himself or herself.

Family Car Doctrine

Under the family car doctrine (or family purpose doctrine), the owner of a car is liable for a plaintiff's personal injuries if the injuries were caused by one of the owner's family members while driving the car. The doctrine applies only to cases in which the car is owned for family purposes and the owner's family members had his or her express or implied permission to drive the car.

Res Ipsa Loquitur

In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.

Wrongful Death and Survival Statutes

Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death.