In general, parents are not vicariously liable for their child’s wrongful acts. However, a parent may be liable for the acts of their child if the parent’s negligence makes it possible for the child to cause the injury and if the injury is likely to occur. To be liable, the parents or guardian must have physical custody of the child, and they must also be able to control the child.
California Civil Code 1714.1 makes parents and guardians with custody and control of their minor child jointly and severally liable for the child’s willful misconduct, not to exceed $25,000.
A related action may also be brought against a school or teacher for negligent supervision of a child.
If your child has suffered harassment, abuse, or injury at school, contact us today.