Charleston Personal Injury Attorney\u00a0. Like almost every other state, South Carolina has enacted a statute known as a “parental responsibility law.” These are civil laws that can be used to hold a parent or legal guardian financially accountable for certain injuries or damages their minor children cause. Often, the minor must act intentionally or maliciously in order to trigger parental liability. But a few states impose parental liability for accidents as well.<\/p>\n
In this article, we’ll discuss some of the specific rules laid out in South Carolina\u2019s parental responsibility law.<\/p>\n
In South Carolina, if a minor maliciously, or willfully, causes\u00a0personal injury\u00a0or property damage (including theft), the minor\u2019s parents will be responsible. This “maliciously or willfully” standard is an elevated one, and it means that the minor must act with some amount of intent or ill\u00a0will. So, if a minor is simply careless and causes an accident where someone is injured or property is damaged, that is not enough to hold a parent liable under South Carolina law. \u00a0If you are concerned about parental liability due to property damage or injury, contact a Charleston\u00a0Personal Injury Attorney.<\/p>\n
It does not matter whether the victim of a minor\u2019s actions is an individual or an organization. \u00a0All kinds of those with a claim are entitled to recover their losses from the minor\u2019s parents, if the minor’s conduct was malicious or willful. \u00a0And if this act resulted in harm.<\/p>\n
Under South Carolina’s parental responsibility law, a parent’s financial liability is limited to $5,000. So, for example, if a child willfully damages someone else’s house, and it costs $6,000 to make necessary repairs, the homeowner will be limited to collecting $5,000 from the child’s parents.<\/p>\n
In addition to a limit on the amount of recovery, there is also a limit on the\u00a0type\u00a0<\/em>of damages you can recover. Under\u00a0South Carolina Code,\u00a0victims can only recover \u201cactual damages.\u201d For property damage, this would be the cost to repair, or replace, the damaged property. For bodily injuries, this would be the cost of the medical care to treat the victim\u2019s injuries (up to the $5,000). \u201cActual damages\u201d does not include\u00a0pain and suffering.<\/p>\n Minors and their parents are jointly \u00a0liable, under Section 63-5-60, as long as the minor would have been responsible for the damage or injury had he or she been an adult. “Joint and several” is a legal term that means claimants have two recovery options. \u00a0Option one, they can recover their damages against the parent and minor collectively. Option two, they may collect all of their damages from the parent or the child, individually.<\/p>\n South Carolina code\u00a0does not eliminate a minor’s responsibility. Minors are still legally responsible for the consequences of their actions. And if the minor’s actions would prompt a finding of liability under another statute.<\/p>\n Section 63-5-60 does not apply to people who have custody of a minor under the authority of a state agency or a county social services department. It also does not apply to state agencies or county departments of social services with legal custody of a minor. \u00a0If you are unsure, contact your Charleston Personal Injury Attorney.<\/p>\n Even in cases where section 63-5-60 does not apply, South Carolina parents may be held accountable for their children\u2019s actions based on a non-statutory, traditional set of legal rules known as the “common law.”<\/p>\n For example, imagine a parent is aware his or her child is an inattentive driver who talks or texts on the cell phone incessantly while driving. In spite of this knowledge, the parent allows the child to drive a vehicle, without any restrictions. If that child ends up causing an accident while talking or texting on the phone, the parent could be considered negligent for allowing the child to drive and failing to prevent foreseeable harm to others based on the child’s known “dangerous propensities.”<\/p>\nParents and Minors are Jointly Liable<\/h2>\n
South Carolina’s Parental Responsibility Law Creates Additional Liability<\/h2>\n
A Note on Governmental Custody<\/h2>\n
South Carolina Parents May Still Be Liable Under Common Law<\/h2>\n