Can a Child sue a Parent for Negligence?
The local news is reporting that a 13-year-old girl was critically injured after a car crash outside the Westfield Commons Shopping Center in Dunedin, Florida. She was a passenger in her mother's car at the time of the accident. A jeep hit the passenger side of the car as her mother was making a left hand turn from Main Street in Dunedin into the mall parking lot. It is unclear whether the minor child's mother was negligent in the car accident.
If a parent is negligent in causing injury to a minor child, the child may have a claim for negligence against the parent. In 1982 in a case called Ard v. Ard, the Florida Supreme court concluded that an unemancipated minor child can bring suit against his or her parent for damages sustained by the parent's alleged negligence, but only to extent of the parent's insurance coverage. Two main types of insurance policies may provide coverage in this situation. First, if the negligence happened as a result of an auto accident, then the parent's motor vehicle coverage may apply. In all other circumstances, the parent's homeowners insurance may apply.
However, in 1992, in a case called Fitzgibbon v. Government Employees Ins. Co., the Florida Supreme court concluded that an automobile insurance company can exclude coverage for the negligent acts of family members. This holding probably applies to homeowners insurance as well. Most insurance companies have excluded coverage since the Fitzgibbon's decision came out. Therefore, a personal injury lawyer representing a minor injured by the negligence of his or her parent should review such policies carefully to determine if coverage exists.
Scott Distasio
Tampa Personal Injury Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022
