Car accidents are complex. They often include more parties and insurance companies, along with some questions and requests. In a recent case of car accident in Missouri, the court was forced to answer the questions of responsibility for an accident by a child of four years caused.
The main issue dealt with the parent company of responsibility. The parent company involved in her daughter's four years alone in the car with the engine on the left. The child moved out of the parking lot in order to move the car.The car rolled, faster and faster and finally crashed into an SUV, thus avoiding damage to the SUV and injuries to his master.
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This case presented several problems in question the responsibility of the parents'. The main question was whether the parent company liable for the negligent supervision of their minor child could. The owner of the SUV said the car was a dangerous tool and a child of four years was too immature and unable to transmit using a motor vehicle.
According to the law of Missouri, parents arebe held responsible for their minor children in five cases:
(1) When the relationship between master and servant exists and the child is acting under the authority granted by parent companies;
(2) If a parent is negligent in entrusting the child an instrument, by their nature, use and the purpose of enabling as dangerous in the hands of the child to an unreasonable risk to others;
(3) If a parent is negligent in foster care the child has aInstrumentality which, though not necessarily a dangerous thing for themselves, are probably taken for a purpose dangerous because of the known propensities of the child;
(4) If negligence is completely sensitive to its inability to protect the child from vicious conduct that threatens the other, if the parent is aware of the tendency of children to prevent that behavior, and parents'
(5) If the parents participating in an illegal action by consent or by ratification,later and the adoption of the fruit.
Although its not a machine regularly regarded as a dangerous instrument as seen under the second element mentioned above, could this car to undue risk for other dangerous place in the hands of a child. Meaning could probably find parents liable for injuries resulting therefrom.
This case also claims of negligence, including participation in:
(1) The parents could not maintain the obligation to provide security to third parties, and
(2) The vehicle did not have two sets of sufficientThe brakes are required by law.
The above case is also a request for brakes product liability.
The court decided in the final analysis, a summary sentence that proposals can not be negligence and product liability is a dispute that the Court could resolve.
The court found the only problem was to prove the alleged negligent supervision to determine if the parents be held responsible for injuries and damageentrusted to a child with an instrument that could be dangerous.
This thesis has not been proven, but the case of children / parents' liability issues are becoming more common. Current liability issues dealing with children in car accidents are commonly available in the efforts of parents. parents to discipline their children with the aim during the trip often distracted and their focus shifts from road to children, what accidents.
The parents' liability for negligent entrustment of a minor child