[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference moira::parenting

Title:Parenting
Notice:Previous PARENTING version at MOIRA::PARENTING_V3
Moderator:GEMEVN::FAIMANY
Created:Thu Apr 09 1992
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1292
Total number of notes:34837

946.0. "need advise fast (parent's liability for child's actions)" by WMOIS::SPENCER_DEB () Thu Apr 27 1995 14:03

    I need some advice on an incident that occurred in my family.
    
    
    About 3 weeks ago, my son and his friend (both 12 yrs. old) were in the
    woods near our home.  There's a dirt road in the woods, and an old jeep
    was on the road.  This vehicle did not have any wheels on it (was up on
    blocks), and apparently had been vandalized at some point (not sure
    when).  The windows were broken, as were many of the glass fixtures
    inside on the dash.  I think there was other damage, too.
    
    Anyways, the 2 boys, thinking this was an unwanted junk, stupidly 
    decided to have a field day and do more damage to the windows.  A
    neighbor heard the commotion, brought the boys to another neighbor's
    house who owned the vehicle, and the police were called in.  We are
    scheduled to go to court next Tuesday for this offense.
    
    My husband and I are very upset with my son.  He has been punished, and
    I'm sure will have further punishment/liability from the outcome of our 
    court visit.  We in no way support any of this vandalism.  He knows he
    was wrong and acted without thinking, and he is remorseful.
    
    My concern is with the owner of the jeep.  He contacted my husband last
    night, and has stated that he is receiving estimates for repair, and so
    far it comes to over $2,000 for the windows alone.  He has not gotten
    final estimates yet, so I'm sure the interior damage (of which the boys
    were not involved) will add a least another couple of thousand.  He
    also mentioned damage to a [hauling] trailer that was nearby, which the
    boys also did not touch. 
    
    My husband stated that much of the vandalism was there prior to this
    incident, but he wouldn't listen.  We're worried that this guy will try
    to take us "to the cleaners" for costs we are not responsible for, but
    unfortunately I'm not sure we can prove that.
    
    I know there used to be (years ago) a $300 maximum amount parents can 
    be liable for the childrens' damages, but this may be outdated now.  We
    did not originally intend to get a lawyer, because we figured the cost
    of hiring one would outweigh the savings.  Now I'm beginning to wonder.
    
    Can anyone shed some light on the current laws (in Massachusetts)
    regarding liability limits for parents?  Do you think we need to get a
    lawyer NOW (before our court date)?  If so, can anyone recommend in the
    Leominster/Fitchburg area?
    
    Thanx for any advise.
    
T.RTitleUserPersonal
Name
DateLines
946.1homeowners insuranceSMURF::WOODWARDThu Apr 27 1995 14:135
    I'm not a lawyer, but homeowners insurance should cover your 
    liability.  Check with your insurance agent.  Let their lawyers
    fight it out...
    
    
946.2whose?WMOIS::SPENCER_DEBThu Apr 27 1995 14:197
    I assume you mean his insurance (vs. ours)?  Would this apply if the
    vehicle was not on his or our property (I think his brother owns the
    land)?  And if it is covered, would the insurance company then try to
    get reimbursed by us anyways?
    
    I'm confused.
    
946.3WRKSYS::MACKAY_EThu Apr 27 1995 14:2222
    
    re. .0
    
    Few thoughts:
    
    	- Talk to a lawyer immediately, since it sounds like the owner
    	  has been waiting for this to happen. Without the lawyer,
    	  it is the boys' word against the owner. 
    
    	- Find out if the jeep is really owned by the owner or by
    	  a lien holder.
    
    	- Find out if the jeep is covered under any insurance, auto,
    	  rental or homeowners. It probably isn't, but it doesn't
    	  hurt to check. 
    
       	- Find out who owns the dirt road, private or public.
    
    	- Find out if any of your insurance can cover the damage. 
    
    
    Eva
946.4WRKSYS::MACKAY_EThu Apr 27 1995 14:269
    
    
    re .2
    
    Insurance companies may be more reasonable to deal with than
    certain individuals. 
    
    
    Eva
946.5re .2SMURF::WOODWARDThu Apr 27 1995 14:3310
    re .2....  Your homeowners.  I remember talking to my agent once and he
    said something like my homeowners will cover liability if my son throws
    rocks through the nieghbors windows.  
    
    I'm assume your a homeowner with insurance or have "renters" insurance. 
    Alot of things are covered by homeowners.  Once my wife drop here
    mothers typewriter, and this was covered...  Now if we owned the
    typewriter it wouldn't be covered.
    
    
946.6Something about a nuisance...CUPMK::VASSILThu Apr 27 1995 15:0713
    This may not apply, but isn't there something about if you have
    something on your property considered an "attractive nuisance" (sorry,
    can't think of the real term" then you, the property, owner is liable?
    
    Something like if you have a pool and don't take precautions to fence
    it in and a child wanders into your yard and gets hurt in the pool, then 
    you are liable?  
    
    Not sure about this, but I vaguely remember something about this.
    
    Linda
    
     
946.7Get your own estimates!CLOUD9::WEIERPatty, DTN 381-0877Thu Apr 27 1995 18:228
    I'd also try to get your own estimates .... I just had my front
    (tinted) windshield replaced for $140.00.  I can't imagine ALL the rest
    of the glass on my car could ever amount to more than several more
    hundred dollars ... certainly less than $1,000!!  
    
    I don't know what your liability is for any of it ....
    
    -Patty
946.8any witness?MPGS::HEALEYKaren Healey, VIIS Group, SHR3Fri Apr 28 1995 09:195
    
    What about finding a witness that can testify to the extent of the
    damage BEFORE the kids further damaged it.
    
    Karen
946.9WRKSYS::MACKAY_EFri Apr 28 1995 10:398
    
    Forensic specialist can determine the "age" of
    damages done, eg. freshly broken glass looks
    very different from old broken glass, etc.
    
    
    
    Eva
946.10Take picturesASIC::MYERSFri Apr 28 1995 10:436
    Actually, grab your camera and take as many pictures as you can
    as soon as possible.  This way you have evidence that the jeep was
    clearly abandoned, up on blocks, weathered, etc.  This way your
    insurance company and/or lawyer can use them as a bargaining point.
    
    /Susan
946.11JunkerSALEM::GILMANWed May 03 1995 14:2717
    Seems to me the owner had disgarded the vehicle and is taking advantage
    of this situation to the fullest extent possible.  If he was interested
    in fairness he would respond to YOUR side of the story as well as his
    own interests.... i.e. would be reasonable about what damage YOUR boys
    caused vs. per-existing damage.  ALSO. The point about 'attractive
    nusance' is legit. If the vehicle was old and already damaged, up on
    blocks in a remote area the message the vechicle 'broadcasts' is that
    no one cares about it.  This is the message the boys responded to. 
                                
    While what the boys did is techncally wrong, its understandable given
    the context I think.    There is a big difference between attacking
    an old junker in the woods vs. an obviously operational car.
    
    Don't be too hard on the boys.
    
    Jeff
    
946.12The Outcome?STOWOA::STOCKWELLWubba...Wubba is a Monster SongWed May 03 1995 14:484
    
    I believe that court hearing was yesterday.  What was the outcome, I am
    sure I can speak about all "Parenters" that we are all interested to know.
    
946.13update...WMOIS::SPENCER_DEBFri May 12 1995 14:1336
    Thanks for all the advise.  There are some good points here.  We went
    to court and, other than meeting the the juvenile probation officer, we
    didn't do much except get a date to go BACK to court.  We decided to
    use a court-appointed attorney, since it only costs $75.  If we are
    unhappy with the outcome, the prob. officer said we can file for an
    appeal at the Worcester courthouse - then we'd hire a private attorney.
    
    We since learned that the owner of the jeep does not live across the
    street from the property where it was parked.  The brother lives there
    (and owns the land where jeep was parked).  I'm not even sure where the
    jeep owner lives - we've only talked to him over the phone.
    
    Taking pictures is a good idea, except he now has a tarp over the
    vehicle.  I've contacted my insurance company, and it's possible they
    may cover some of the costs, but they haven't gotten hold of the owner
    yet to look at the jeep.  They did say they may be able to tell if some
    the damage is older than other damage.
    
    My husband and I (and the other boy's mother) are upset about how this
    whole situation was handled, though.  The cop was using really fowl
    language with the boys - F*** this and F*** that - even though I'm sure
    they've heard it plenty before.  The man that caught the boys said
    something to the effect of:  "my wife's a judge, and you boys are going
    to be in a lot of trouble", although this might have been taken out of
    context.
    
    Also, when the cop dropped off the other boy, no one was home, but the
    cop went in "to use the bathroom".  I don't think he had a right
    entering her home, do you?  She thinks he wanted to check the place
    out.
    
    We go back to court on 6/6, and then probably again when this guy files
    for damages.  I'll keep you posted.
    
    Thanx again.
    
946.14WRKSYS::MACKAY_EFri May 12 1995 14:5310
    
    re .13
    
    You could file a complaint with the police department, the town
    selectmen and/or ACLU. Like it or not, the police officers are paid 
    by the tax payers and that's you. You are the patron/boss/client and 
    they are hired hands. Simple as that.
    
    
    Eva
946.15LEDZEP::TERNULLOWed Jun 21 1995 11:125

	Any new news?  Did you have the court date on 6/6?

	Karen T.