Parent and Child

At common law, parents were not responsible for TORTS their children committed against third parties. When they had neglected their duty of supervision, parents could be held liable for their own NEGLIGENCE. This largely remains true, although many state statutes now hold parents vicariously liable for torts committed by their children, for a limited amount.

Another exception to parental IMMUNITY from liability for their child's torts is the "family purpose doctrine," which allows third parties to recover from parents when they were injured by children driving the family car. This doctrine is based on the idea that the child is acting as the parent's agent or authorized representative.

To promote family unity, a number of states have refused to permit lawsuits between parents and children for harm caused by negligence. Some states have rejected this doctrine, however, particularly in the event of automobile accidents. In such cases, it was perceived as unjust to allow strangers to obtain insurance benefits when family members were precluded from doing so. A majority of states, however, still regard a parent as immune from legal actions for exercising parental authority and also for injuries stemming from negligent supervision.