Question

LEGAL PRINCIPLE: Where the parents of a minor child due to their negligence allow the child an opportunity to commit a tort, the parents are liable.

FACTUAL SITUATION: The father supplied an air gun to his son who was about to turn 18 next month. After some complaints of mischief, the father took the gun away and placed it in a corner of their storeroom which was used by the family to store surplus and other unnecessary stuff. The son took it out of the store and shot A. A sued his father. Is the father liable?

Decide.

• A. No, he took all necessary steps to prevent the son from using the gun.
• B. Yes, he was the one who gave the gun and allowed him to use it by giving an opportunity.
• C. No, the son was almost 17 years and 11 months of age; hence, he could think about his well being and interest.
• D. Yes, the father was negligent in disposing of the gun.

Answer 1

The correct option is D Yes, the father was negligent in disposing of the gun.

• Although the common law regime does not impose vicarious liability on parents for the tortious acts of their children, it has however been imposed by various statutes of different countries. In the case of Labonte v Federal Mutual Ins Co. it was held that where parents negligently entrust or facilitate entrusting of dangerous instrumentality to their children, are liable for the acts of their children.
  
• In this case, the father supplied the gun to his minor son and after some mischief he took back the gun from his son but kept it well within son's reach and did not dispose it. Hence, the father shall be liable for the negligence for not disposing the gun away from the minor son.