Schools are winding down for the summer but issues over management of teenage kids are winding up in the news; and not in good way.
National legislation has been introduced in the Senate to prevent the on-line gaming industry from using social media to troll for customers under age 18. We have a huge gambling problem emerging now that we can sit at home and bet on everything from whether our favorite golfer will make the 14th green at the U.S. Open in two strokes or whether any ships traversed the Straits of Hormuz yesterday. The Wall Street Journal reports today that more than one-third of boys ages 11 to 17 have gambled on-line in the past 12 months. It’s a habit that may seem innocent but is highly addictive.
Two incidents over the weekend in the nation’s capital demonstrate that, once again, kids seem to find amusement in congregating to commit crimes. In suburban Atlanta, a town is debating an ordinance to hold parents responsible for the damage their children inflict on people and property at these “events.” Metro Atlanta city could hold parents liable for children’s crimes – WSB-TV Channel 2 – Atlanta .
This may seem like a preventative and sensible approach in the abstract, until it’s your child who is out and about on Saturday night. It’s especially worrisome in a shared custody setting where one parent takes the right approach while the other agrees with Elton John that “Saturday night’s alright for fightin’….get a little action in.” People and municipalities who suffer damages are not going to parse between good and bad parents in seeking to collect damages or impose fines. This is even more so where legal custody is shared by both parents.
The general rule has been that parents are not liable for the crimes of their kids. But if you see what occurred on May 16 at the Chipotle franchise near the Washington Navy Yard, you can understand the outrage and calls to do something to stop it. Unfortunately, civil and even criminal liability tends to center on those who have money or insurance to cover these things. Thus, let’s assume you are the “good parent” (of course) but you had the misfortune to hook up with the “bad parent.” It turns out your otherwise perfect child was on a Spring trip to Washington, DC last weekend when someone decided to declare war inside the Chipotle on the Potomac River in Southeast Washington. Property is damaged and people are injured and your child is named as one of those involved in the fray. Should you be liable for this? Not your kid. You? Your ex is in jail or otherwise impecunious. You have assets because you are the “responsible” one. The lawyers for the Chipotle and/or anyone injured will be coming to see you about the damage your child may have caused. Chances are good that your homeowner’s insurer may pay for a lawyer to defend you and your child, but that defense usually comes with a “Dear Insured” letter that says insurers pay damages for negligent conduct, not riotous brawls in fast food joints. Any settlement or jury award will have to be paid by you and/or your kid.
There is no happy answer here. Teenagers….even the nice ones, can inflict huge damage without realizing what they are doing. The general principles of law suggest that before you can be held liable for your child’s behavior, you have to know what he or she was up to and either promoted that bad conduct or facilitated it. The recent examples we have seen involved giving a kid a firearm or allowing a kid to drive drunk when you could have stopped it.
The better route seems to be where the District of Columbia is headed. Mayor Bowser wants to give police authority to impose neighborhood curfews when the cops start getting reports of marauding groups of teens. We can all agree that those groups create danger for all of us and should be stopped before harm is inflicted. As for who should pay for the harm caused, that’s a dicey question.
Note well. Senior week is fast approaching. Why parents underwrite unsupervised vacations in New Jersey for children who are just completing high school has never been clear to me. Nor has been the motivation of people to rent to drunken children. But, your blessed child’s week or perhaps his or her lifetime could be ruined because of this “tradition.” We seem to accept that these kids depart for a week of merriment with some booze and some weed. But 40% of American households also have guns. Why a child would need to pack a weapon for senior week is beyond anyone’s ability to grasp. But, realize the cocktail that senior week is composed with; teens, booze, weed and the absence of any adult supervision.
Afterthought (from wiser people): A judicial colleague reminded me that Pennsylvania does have a statute on this topic at 23 Pa.C.S. 5501-5504. Passed in 1994, it allows for parents to be civilly liable for the torts of their kids but caps liability at $1,000-$2,500. That law may pre-empt the powers of municipalities or other government units to try to impose greater liability on parents.