Ever wonder when you as a parent become liable for an accidents or intentional injuries caused by your child?
Nevada law addresses this in two statutes:
First, NRS 41.470 provides:
1. Except as otherwise provided in NRS 424.085, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and the parents or guardian having custody or control are jointly and severally liable with the minor for all damages resulting from the willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section must not exceed $10,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any other liability imposed by law.
Next, NRS 41.472 adds:
1. If a parent, guardian or other person legally responsible for a minor under the age of 18 years:
(a) Knows that the minor has previously been adjudicated delinquent or has been convicted of a criminal offense;
(b) Knows that the minor has a propensity to commit violent acts; or
(c) Knows or has reason to know that the minor intends to use the firearm for unlawful purposes,
and permits the minor to use or possess a firearm, any negligence or willful misconduct of the minor in connection with such use or possession is imputed to the person who permits such use or possession for all purposes of civil damages, and, notwithstanding the provisions of subsection 2 of NRS 41.470, that person is jointly and severally liable with the minor for any and all damages caused by such negligence or willful misconduct.
2. As used in this section, “firearm” has the meaning ascribed to it in NRS 202.253.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.