Parental Liability in Ohio

Authored by E. Ray Critchett

Recently a client came into the office concerning a motor vehicle accident her 16 year-old daughter was involved in. Unfortunately, the daughter suffered serious injuries which required significant treatment and resulted in substantial medical expenses. The mother explained that the at-fault-driver was also only 16 years old and wanted to know what they could do if the liability insurance was not sufficient to cover the expenses.

Unfortunately, this is a common concern in many cases as Ohio continues to allow the state minimum liability insurance policy limits to be $12,500.00. This means if you are injured and have $20,000.00 in medical expenses you may not be able to recover the full amount of your medical expenses, let alone your time off work, or any compensation for your pain, suffering and continued problems in the future. Given the potential shortfall, the mother wanted to know if the at-fault driver’s parents could be held partially responsible to pay for the medical expenses and other damages. Under Ohio law, parents are not typically liable for their child’s actions solely because they are a parent. However, there are exceptions to this general rule.

Under Ohio common law, the three primary ways a parent can be liable for the actions of their child are:

• if the parent negligently entrusts a vehicle or another dangerous instrument, such as a gun, to the child;
• if the parent consents, directs, sanctions or adopts the child’s willful actions;
• if the parent fails to exercise reasonable control over the child when the parents, or should know, that the child is likely to cause harm to another.

Ohio also has three primary statutes that can impose liability on parents for the actions of their child. The statutes are:

1. Ohio Rev. Code §3109.09, Liability of Parents for Willful Damage of Property or Theft by their Children. This statute can impose liability on the parent(s) up to $10,000.00 and court costs if the child willfully damages property or commits acts which would be considered theft. A criminal conviction is not necessary to pursue a remedy under this statute. This statute is likely to apply to cases where there are issues concerning vandalism, theft, or any intentional destruction of property.

2. Ohio Rev. Code §3109.10, Liability of Parents for Willful and Malicious Assaults by their Children. This statute can impose liability on the parent(s) up to $10,000.00 if the child willfully and maliciously assaults someone by a means of force likely to produce great bodily harm. This statute is likely to apply to cases where a child willfully engages in fighting or intentional strikes someone either directly or indirectly (i.e. intentionally runs into someone with their car).

3. Ohio Rev. Code §4507.07, Application of Minor for License or Permit- Signature of Adult-liability. This statute can impose liability on a parent who has signed the application of the minor child for a probationary license, restricted license or a temporary instruction permit. The statue applies to any negligent, or willful or wanton misconduct. However, the imputed parental liability may be avoided if they can show proof of financial responsibility pursuant to Ohio Rev. Code §4509. This statue is likely to apply to any motor-vehicle collisions caused by minor where the minor is not insured. Parents must keep in mind that their own conduct can lead to their own personal liability if they engaged in negligent conduct as well.

If you, your family member or friend have any questions concerning these issues, please feel free to give me a call to discuss the matters in a confidential setting.

You may reach our office toll-free at (855) 2-BUCKEYE or (855) 228-2539; locally at (614) 799-2800 or after normal working hours at (614) 515-5098. You can also send email requests to: ray@buckeyelaw.com

You can also visit us online at: http://www.buckeyelaw/ and http://www.zandhlpa.com/
E. Ray Critchett, Partner.

Disclaimer:
The law firm of Zaino & Humphrey, LPA and its attorneys shall not be held liable for any errors, omissions or inaccurate information contained in this Blawg, or for any actions taken in reliance thereon. These materials have been compiled, reviewed and corrected to the best of the author’s ability. They are presented for educational purposes only and are not considered legal advice. No person should act or refrain from acting on the basis of any information contained in this Blawg. Please seek appropriate legal or other professional advice on one’s own particular circumstances.