Parents Liable in Crash Caused by Four-Year-Old?
A Missouri car accident case often involves numerous parties, insurance companies, and allegations. Recently in Missouri, a court was forced to sort out liability issues dealing with an accident caused by a four-year-old child. The main issue dealt with the parent’s liability. The parent allegedly allowed a four-year-old child to stay alone in a running car. The child shifted the car out of park, causing the car to move. The car eventually crashed into an SUV, causing damage to the SUV and injuries to its owner.
Several issues were present regarding the parent’s liability for the Missouri car accident. The main legal issue was whether the parent could be held liable for negligently supervising her minor child. The SUV owner alleged the car was a dangerous instrument and a four-year-old child was too immature and incompetent to be entrusted with a motor vehicle.
Under Missouri car accident laws, parents will be held liable for their minor children in five instances:
- Where the relationship of master and servant exists and the child is acting within the scope of his authority accorded by the parent
- Where a parent is negligent in entrusting to the child an instrument which, because of its nature, use, and purpose, is so dangerous as to constitute, in the hands of the child, an unreasonable risk to others
- Where a parent is negligent in entrusting to the child an instrumentality which, though not necessarily a dangerous thing of itself, is likely to be put to a dangerous use because of the known propensities of the child
- Where the parent's negligence consists entirely of his failure reasonably to restrain the child from vicious conduct imperiling others, when the parent has knowledge of the child's propensity towards such conduct
- Where the parent participates in the child's tortious act by consenting to it or by ratifying it later and accepting the fruits
The case has not yet been tried to a jury. Recent liability issues dealing with children in car accidents are commonly linked to parenting efforts. Parents aiming to discipline their children while driving often get distracted and their attention shifts from the road to the kids, causing accidents.
No matter what the circumstances, if you are involved in a Missouri car accident, it is important that you seek an experienced Missouri personal injury attorney who has dealt with numerous car accident lawsuits. They will be able to sort through the many complicated issues involved in your accident to determine fault and liability.
John Page, a senior partner at Page//Cagle, a Missouri personal injury law firm has been aggressively handling car accident case his entire legal career.
Page || Cagle is located at 1232 Washington Ave., Suite 220, St. Louis, MO 63103. John can be reached by calling 314.322.8515 or toll free at 1.800.500.4658. Email john@pagecagle.com.
