Are Parents Liable When Their Children Injure Others?

Originally published by Morrow Sheppard.

Morrow & Sheppard LLP
Are Parents Liable When Their Children Injure Others?

Our personal injury attorneys have handled cases in which our clients have been injured by the negligence of a minor, typically one who was not being properly supervised. Oftentimes, the minor’s parents feel responsible.  They frequently believe they have purchased insurance to cover such a situation. Unfortunately, the decision regarding whether or not insurance money should be paid typically does not rest with the person who has purchased the insurance policy (the “insured”).  This is true even though the insured has been dutifully paying premiums to the insurance company for years. Unfortunately, the decision to pay or settle a claim rests with the insurance company.  And the insurance company does not act out of moral obligation.  They are making a cold, hard business decision. In other words, you have to prove to the insurance company that their insured owes money.  They have to fear that if they do not pay, they will be sued for failing to act reasonably in settling a claim.  (In Texas liability insurance cases, this is called the “Stowers Doctrine.”). Our lawyers have done this in numerous cases. Texas Legal Principles:  Parental Responsibility Depending on the facts and jurisdiction, a parent may be held liable for personal injuries or “torts” caused by their children, including under the doctrines of respondeat superior, joint enterprise, and agency.  Sanders v. Herold, 217 S.W.3d 11 (Tex. App. Houston 1st Dist. 2006, no pet.); Rodriguez v. Spencer, 902 S.W.2d 37, 42 (Tex.App.-Houston [1st Dist.] 1995, no writ). In one case, a […]

Are Parents Liable When Their Children Injure Others?
Morrow Sheppard

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