Can Parents Be Sued for Their Adult Child’s Actions?

Question from G, Can Parents Be Sued for Their Adult Child’s Actions?

Answer from AI:

If your 20-year-old son was arrested for simple battery after a fight at a bar in Louisiana, you might be wondering if you, as parents, can be held liable for his actions. Here’s a general explanation of the legal principles involved.

Understanding Parental Liability

In the United States, parental liability laws generally hold parents responsible for the actions of their minor children. However, once a child reaches the age of majority, which is 18 in most states including Louisiana, they are considered legally responsible for their own actions.

Key Points to Consider:

• Age of Majority: In Louisiana, the age of majority is 18. Since your son is 20, he is legally an adult and responsible for his own actions.
• Parental Liability Laws: These laws typically apply to minors. For example, Louisiana Civil Code Article 2318 states that parents are responsible for the damage caused by their minor children. This does not apply to adults.
• Exceptions: There are very few exceptions where parents might be held liable for the actions of their adult children, such as if the parents were directly involved in the incident or if they negligently entrusted their adult child with a dangerous instrumentality.

Potential Legal Actions

While it is unlikely that you, as parents, can be sued for your adult son’s actions, the victim of the battery may pursue other legal avenues:

1. Criminal Charges: Your son may face criminal charges for simple battery, which is defined under Louisiana Revised Statutes § 14:35. Simple battery is a misdemeanor and can result in fines and jail time.
2. Civil Lawsuit: The victim may file a civil lawsuit against your son for damages. This could include medical expenses, pain and suffering, and other related costs.

When to Seek Legal Advice

Given the complexities of the law, it is crucial to consult with a legal professional to understand your specific situation better. A lawyer can provide personalized advice and help navigate both the criminal and civil aspects of the case.

Resources for Further Information:

• Louisiana Civil Code Article 2318
• Louisiana Revised Statutes § 14:35

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to address your specific legal needs.