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Liability of Parents on Child’s Willful Misconduct

QUESTION:

My daughter had a fight with a boy in school. He grabbed her shirt from the neck and shook her hard enough to rip the shirt, so my daughter punched the boy once on the face. He then went crazy and bit my daughter just above her breast. When we found out, we went to speak with the father of the boy through a translator. He yelled and said “Did you see it?” referring to his boy’s bruise on the face. He said he will send a picture of it to the cops. The parent kept saying that my daughter started it. Can I sue them?

ANSWER:

Parents may at times be held responsible for their minor child’s willful misconduct in school, if this causes injury or death to another student or an employee [Ed.C. § 48904 (a)]. A parent or guardian’s imputed liability is joint and several with the child [CC § 1714.1(a)]. However, CC § 1714.1(a) parent liability does not extend to cases where the injured party was a willing participant in the misconduct.

It is best to consult with an expert personal injury attorney for more information regarding cases of personal injury involving children.

 

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