Liability of a Parent for Child's Motor Vehicle Accident in Georgia: Understanding the Parental Responsibility Law and the Family Purpose Doctrine

As a parent, you want to protect your children from harm, but what happens when your child is involved in a motor vehicle accident? In Georgia, there are two legal theories that can impact the liability of parents for their child's car accident: the parental responsibility law and the family purpose doctrine.

The Parental Responsibility Law

Under Georgia law, parents can be held liable for the torts (wrongful acts) of their minor children, including car accidents. The law states that "the parent or parents having custody of or providing necessities for a child shall be liable for any tortuous conduct of such child only if such parent or parents have encouraged, condoned, or knowingly given permission for such conduct." [1]

This means that if a minor child causes a car accident, the parent(s) may be held liable if they encouraged or condoned the child's reckless driving or knowingly gave permission for the child to drive when they knew or should have known that the child was not a safe driver.

The Family Purpose Doctrine

In addition to the parental responsibility law, there is also the family purpose doctrine, which may hold the owner of a vehicle responsible for damages caused by a family member who was driving the vehicle with the owner's permission.

Under the family purpose doctrine, if a vehicle is owned by a parent or other family member and is used for the benefit of the family, such as for transportation of family members or household goods, then the owner may be held liable for any damages caused by a family member who was driving the vehicle with permission. This doctrine applies even if the family member who caused the damages is an adult and is not a minor child. [2]

However, there are some exceptions to the family purpose doctrine. For example, if the family member who caused the damages was using the vehicle for their own purposes and not for the benefit of the family, then the owner may not be held liable. Additionally, if the family member was using the vehicle without permission or stole the vehicle, then the owner may not be held liable.

Elements of the Family Purpose Doctrine

To establish liability under the family purpose doctrine in Georgia, the following elements must be present:

1. The vehicle was owned, maintained, or provided by the defendant for the use and pleasure of his or her family.
2. The family member was using the vehicle with the express or implied consent of the defendant.
3. The family member was negligent or otherwise at fault in the operation of the vehicle.
4. The family member's negligence or fault caused injury or damage to a third party. [3]

If all of these elements are present, the owner of the vehicle may be held liable for any damages caused by the family member who was driving the vehicle with permission.

Protecting Yourself and Your Family

To protect yourself from potential liability under the parental responsibility law and the family purpose doctrine, it's important to have adequate insurance coverage. Make sure you have liability insurance that covers any damages caused by family members who drive your vehicle with your permission. You may also want to consider purchasing an umbrella policy, which provides additional liability coverage beyond your regular car insurance.

Additionally, it's important to talk to your child about safe driving practices and to set a good example yourself. Distracted driving, such as using a phone or eating while driving, is a leading cause of car accidents. Encourage your child to avoid distractions and to always wear a seatbelt.

Conclusion

In conclusion, if you are a parent in Georgia, it's important to be aware of both the parental responsibility law and the family purpose doctrine. By understanding these legal theories and having adequate insurance coverage, you can help protect yourself and your family from potential liability.

[1] Official Code of Georgia Annotated (OCGA) § 51-2-2 https://law.justia.com/codes/georgia/2010/title-51/chapter-2/51-2-2/

[2] Wal-Mart Stores, Inc. v. Hester, 280 Ga. 67 (2006) https://caselaw.findlaw.com/ga-supreme-court/1260962.html

[3] Green v. Hall, 157 Ga. App. 346 (1981) https://law.justia.com/cases/georgia/court-of-appeals/1981/62981-0.html