Injuries Inflicted by Minors: Navigating Parental Liability and Insurance Coverage When Children Cause Harm

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, April 24, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE will address when parents or legal guardians can be held civilly or criminally liable for the actions of minors. The panel will discuss those situations in which liability can arise, including acts involving computers, the relevance of the child's culpability, insurance coverage issues, subrogation, theories of liability, defenses, and damages. The panel will also review special issues related to discovery and trial when minors may key witnesses.
Faculty

Mr. Malm has more than 30 years of experience in personal injury litigation. He is the founder and principal of John J. Malm & Associates, with offices in Naperville and St. Charles, Ill. Mr. Malm leads a team of six attorneys, practicing exclusively in the area of plaintiff’s personal injury law. The firm’s practice focuses on motor vehicle accidents, premises liability, dog bites and product liability. Mr. Malm’s work on behalf of individuals and families in personal injury and wrongful death litigation has led to significant recoveries.

Mr. Kroll is an award-winning attorney who has represented injured victims of negligence throughout the country for nearly three decades in the areas of trucking accidents, products liability, and medical malpractice. In 2017, he was part of the trial team that obtained a record-breaking $148 million jury verdict on behalf of a dancer who was paralyzed when a shelter collapsed on her at Chicago’s O’Hare International Airport. Overall, Mr. Kroll's verdicts and settlements have exceeded $1 million on 80 separate occasions. He has lectured on over 160 occasions throughout the country on personal injury and wrongful death matters. Mr. Kroll has had more than 140 legal articles published on topics ranging from strategic jury selection and maximizing an injured client’s recovery, to successfully handling wrongful death cases and preparing and cross-examining expert witnesses. He is well known in Chicago media for countless segments and publications, and has taught Trial Advocacy and Medical Malpractice Law at DePaul University and Northwestern Law School. Mr. Kroll was the only Illinois attorney to be published in the Anatomy of a Personal Injury Lawsuit, 4th Edition, released by Trial Guides and the American Association for Justice.
Description
Parental liability is a growing and complex area of law that has taken on increased importance in the aftermath of crimes, car accidents, and reckless conduct committed by unemancipated minors. Computer crimes and crimes committed using computers, phones, or social media, including copyright violations, should not be overlooked.
Liability is imposed based on theories of negligence, statutory liability, and the common law. When claims are asserted, thorny insurance coverage issues may arise over defense or payment of any claims. Even if no suit is filed, increasingly, parents may find themselves the targets of subrogation efforts. Only recently have insurers offered policies designed for foster parents.
When evaluating claims against parents, the age and capacity of the child may play an important role. Minors engaged in adult activities such as flying an airplane or driving a motor vehicle (or boat) are held to the standards of an adult engaged in such activities. The judicial system is increasingly willing to charge parents when their children commit crimes.
Listen as this expert panel discusses when parents or legal guardians can be held civilly or criminally liable for the actions of minors.
Outline
I. Civil liability for a Minor:
A. Tender Years Doctrine
B. Adult-Like Activities
C. Pleadings & Procedure
II. Civil liability for Parents
A. By Statute: Parental Responsibility Act
B. By Common Law:
1. Failure to Supervise
2. Negligent Entrustment
III. Insurance Coverage Issues
IV. Dealing with Children in Litigation
Benefits
The panel will review applicable law and discuss its application through individual cases: car accidents, bicycles, inherently dangerous activities such the use of a firearm, social host liability and impaired minors, sexual battery, and intentional/willful acts.
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