My daughter was injured at school. Another girl (who is also a minor) in her class beat up my daughter. I want to sue the parents of the girl that injured my daughter for raising such a violent girl. Do I have a claim?
In the two prior posts, there has been a discussion of one person (or company) being responsible for the acts of another. One case dealt with the employer-employee relationship. A second case dealt with the owner of a car lending the car out to someone else.
But in the case of a child and parent, you cannot sue the parents of the girl that beat up your daughter. Generally, a parent is not liable for the tortious acts (like assault) of their minor children. Fox v Marshall, 88 AD3d 131, 928 NYS2d 317 (2d Dept 2011). The issues the Court looks at to determine if a parent is responsible for the acts of their child are (1) the parent knows of the vicious propensity of their child and (2) the parent has the ability to control the child.
In your particular case, you stated the incident happened at school, therefore the parent is not responsible. The school is acting in place of parents. (The law calls that in loco parentis.) Thus, the parents of the assaulting girl had no opportunity to stop their daughter from assaulting your daughter. So, the parents of the daughter that beat up your daughter are not responsible for the acts of their child.
Just like parents are not responsible for acts of their children, spouses are not liable for each other’s acts. NY General Obligations Law § 3-313. A husband is not responsible for the tortious acts of his wife.
Negligent Supervision
You may have a different type of claim against the school for negligent supervision. The claim of negligent supervision was discussed in a prior post. The school was in a position to stop the fight. The issues in the case against the school are the notice that the school had of the violent student and circumstances surrounding the incident before your daughter was assaulted.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.