When Children Behave Like Animals Should Tort Law Treat Them Differently?
The next time a court is faced with the question of damage caused by harmful children and/or animals that are under the control of a third party, the court should decide if this disparate treatment is warranted where the underlying purpose for the two laws are nearly identical.
July 29, 2021 at 10:00 AM
5 minute read
Op-EdIn tort law, generally speaking, the law only holds a person responsible for his or her own actions. Restatement (Second) of Torts §315. The reason for this is clear: If the purpose of tort law is to influence behavior, the law only ought to be enforced where it acts as a deterrent against bad behavior. Usually, a person has not participated in bad behavior where a third-party actor has behaved poorly. It is thus perfectly sensible that tort law does not hold a person responsible for the actions of third parties.
But, as with most rules of the law, there are exceptions. Even though there is generally no duty of care to prevent against the harmful actions of others, where a parent has the capacity to prevent harm by a child, and knows of an instance or encounter where such control of the child should be exercised, a parent can be held liable under negligence. Restatement (Second) of Torts §316. See, e.g., Linder v. Bidner, 50 Misc. 2d 320, 270 N.Y.S.2d 427 (Sup. Ct. 1966). Apparently, a parent has the responsibility to prevent against foreseeable damage brought about by a child under their control.
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