How Parents Can Be Held Negligent in NY For Their Kids' Dangerous Acts

When discussing the rules governing parental liability for childrens' acts, there is the general rule which states that a parent cannot be held responsible for damages caused by the child on account of that parent's failure to supervise properly the child ( Holodook v. Spencer, 36 N.Y.2d 35, 51, 364 N.Y.S.2d 859, 324 N.E.2d 338).

There is an important, albeit limited, exception to this rule, however.

A parent may be held liable in negligence to a third party if the parent negligently entrusted a "dangerous instrument" to the child. And the reason for this exception is relatively straightforward: by giving this dangerous instrumentality to a child, the parent has placed others in harm's way, and in that fashion, has breached his or her duty to thereby breaching a duty owed to the third party to control the child's use of dangerous instruments to protect others from foreseeable harm, which in this case, is preventing the child (who may lack appropriate judgment) from the use of this dangerous instrumentality. ( Nolechek v. Gesuale, 46 N.Y.2d 332, 338-339, 413 N.Y.S.2d 340, 385 N.E.2d 1268 [1978]; see, also Rios v. Smith, 95 N.Y.2d 647, 722 N.Y.S.2d 220, 744 N.E.2d 1156 [2001] ).

Some examples where parents have been held liable under this rule of law include where under age children were allowed to play with air guns (in contravention of New York's Penal Code), and All-Terrain Vehicles (ATVs).



Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his Book on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

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