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Parental liability (1 viewing) (1) Guest
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TOPIC: Parental liability
#6451
Brian (User)
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Parental liability 8 Years, 2 Months ago Karma: 1  
Client's 5 year old daughter was picked up and dropped on her face by the neighbor's 6 year old daughter, causing her to need stitches after biting completely through her lip and gashing her chin. This assault took place on a third party's property.

I told the client that unless the parent was physically present or unless the injury took place on the assailant child's property, the assailant's parents will not be held culpable.

Thoughts? Any third party claims against the property owner, assailant's parents, other?
 
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#6528
LK311 (User)
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Re:Parental liability 8 Years, 1 Month ago Karma: 0  
Each state has its own law regarding parents' financial responsibility for the acts of their children. Parents are responsible for their children's harmful actions much the same way that employers are responsible for the harmful actions of their employees. Parents may be held liable for the violent crimes of their children under a theory of strict vicarious liability.

Since homeowners insurance includes both property and liability coverage, wrongful acts of children or negligent supervision claims may be covered even if the act took place away from a policyholder's residence. Homeowner's policies typically cover legal liability in the event that anyone suffers an injury while on the insured property, even if the injury was committed by another household member or the result of negligence on the part of the policyholder.

Which state did the battery occur?
 
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#6850
whyinsure (User)
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Re:Parental liability 7 Years, 11 Months ago Karma: 0  
Life insurance Australia provides a lump sum payment upon the death or terminal illness of an individual.
 
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