10.2Parent May Be Liable for Juvenile’s Negligence

A.Recovery of Civil Damages From Juvenile’s Parent

“If requested, a victim shall be provided with a certified copy of the order of an adjudicative hearing for purposes of obtaining relief pursuant to . . . [MCL 600.2913.]” MCL 780.799.

MCL 600.2913 permits certain entities and individuals to “recover damages in an amount not to exceed $2,500.00 in a civil action in a court of competent jurisdiction against the parents or parent of an unemancipated minor, living with his or her parents or parent, who has maliciously or wilfully destroyed real, personal, or mixed property which belongs to the [entity or individual] . . . or who has maliciously or wilfully caused bodily harm or injury to a person.”

To hold a parent liable for the juvenile’s negligence, the plaintiff has the burden of proving that the requirements of MCL 600.2913 were met. See McKinney v Caball, 40 Mich App 389, 390-391 (1972) (finding that MCL 600.2913 “must be strictly construed and should not be extended [to the juvenile’s parent] by implication[; rather, the] plaintiff[] ha[s] the burden of proving that their action is authorized by [MCL 600.2913][]”).

B.Negligent Parental Supervision

“Parents may be held liable for failing to exercise the control necessary to prevent their children from intentionally harming others if they know or have reason to know of the necessity and opportunity for doing so.” Zapalski v Benton, 178 Mich App 398, 403 (1989) (the parents of a juvenile boy who allegedly sexually assaulted the plaintiff were found not liable for negligently failing to supervise their son where although their son had a history of delinquent behavior, nothing in their son’s background would have enabled his parents to foresee his sexually assaultive behavior) (citations omitted). See also American States Ins Co v Albin, 118 Mich App 201, 208 (1982) (“where a person is injured by the act of a child which proximately results from negligent parental supervision over the child, the injured party has a valid cause of action against the parents[]”).