Personal Injury Newsletters

Actions Against Parents for Torts of Children

Generally, parents are not liable for the torts of their minor children. However, there are exceptions to this general rule, and parents may be held liable in certain circumstances.

Gross Negligence

"Gross negligence" means carelessness or recklessness that amounts to a conscious disregard for the safety of others. Gross negligence involves a higher degree of carelessness than ordinary negligence. For example, dumping toxic waste into your neighbor's swimming pool would constitute gross negligence.

The Death on the High Seas Act

In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman's employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment.

The Jones Act -- Unearned Wages

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.

TORT LIABILITY OF TENANTS

Because a tenant is an occupier of property, the tenant is liable for all dangerous conditions or activities that are conducted on the property just as any other occupier of property would be. However, the tenant is only liable for areas over which the tenant has control. The tenant is not responsible for areas outside the leased premises or over which the landlord has control.