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July 21, 2009

Torts Talk

Last night I asked Dan a question about a Tort multiple choice question I was not understanding. The topic was when a parent is liable for the acts of their children. The conversation went like this:

ME: I thought parents were always liable for the intentional torts of their children.

DAN: I think they have to have a reasonable belief that their child has a propensity to commit a Tort. It is kind of like knowing your dog bites. You get one free bite then you are liable for all the rest.

ME: Well that sucks! You can't give kids the same standard that you give dogs.

DAN: Why not?

ME: Well because you can put the dog DOWN if it keeps biting people. You can't put down your kid for beating up little Timmy at the bus stop everyday.

DAN: Then you are just going to have to get Timmy's Mom to sign a release form saying if little Timmy and Billy want to play with each other she's going to have to go ahead and release you of liability.

ME: And if she doesn't sign?

DAN: (pondering) I guess you call child services and give them a heads up regarding why your son is never allowed out of the house...

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