By  Hon.  Kevin Denton

           I’ve been asked the following:  We gave our 7-year old  a mountain bike for Christmas, but it has me a little worried.  He and his friends play pretty rough–building criss-c motocross mounds and jumps.  Collisions  are common  although no one has gotten hurt yet. If they do, could we be liable for damages?

           Like most legal queries , the answer is “Maybe”  and  “It depends.”    (No wonder everyone hates lawyers!)

           I  still wouldn’t know much of anything about this subject had it not been for  a “case of first impression ”   (lawyer-talk for “the first time it came up in my Court.

          The facts were undisputed and  couldn’t be simpler:  The Plaintiff was sitting in her car in the supermarket parking lot.  The Defendant and her little boy  (about  8 I think) were coming out with the boy pushing the cart and  splitting from Mom in the direction of the cart return, but he got going too fast downgrade and crashed into the Plaintiff’s car  and we all know it doesn’t take much to ring up hundreds of dollars in  scratches and repainting.

         The lady  car owner sued the mother for the repair costs and after a hearing and a chance to research the issue, I had to dismiss the claim  admitting that while the Defendant   might be  morally liable, she was not legally so.

         It is well settled in New York law that children are not generally “agents” of their parents–the exception being  a commercial or retail setting.  In other words, if the boy had been –say–bringing the lady’s cleaning back from Mom’s  drycleaning shop, the outcome might be different.

          PS:  I wonder if the Defendant’s insurance company would have paid the claim?  My guess is  it might–just for good  customer relations.

                                         Kevin Denton  was an attorney and judge in Pawling .  Your questions or topic suggestions are welcome at the  Harlem Valley News.  Names are never printed.