MBE Rules · Torts
Vicarious liability — parent for child
The rule
At common law, a parent is NOT vicariously liable for the torts of a minor child solely by reason of the parent-child relationship. A parent may be directly liable, however, for negligent supervision when the parent knew or should have known of the child's dangerous propensity and had the opportunity and ability to control the child; many states also impose limited statutory liability (often capped) for a child's willful or malicious acts.
In plain English
Being a parent does not automatically make you liable for what your kid does. Liability requires either your own negligence (in supervising or entrusting) or a specific statute.
The trap
Assuming automatic vicarious liability by analogy to respondeat superior — it is the opposite of the default rule.
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