How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12118
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Family Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

how can i protect myself from being liable for a mentally ill 17 year old dependent action

Resolved Question:

how can i protect myself from being liable for a mentally ill 17 year old dependent actions?
Submitted: 2 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 2 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

First of all, I would highly recommend a good homeowner's policy (as they almost always cover negligence causes of action) or a good umbrella insurance policy. You can't account for every possibility, and this would be the best way to protect yourself. Mentally ill individuals do not have any greater defense than mentally sound ones as to negligence actions, so the fact that she is mentally ill won't be any defense to a personal injury / tort / etc... cause of action. California has a statute (Cal. Civil Code 1714.1) that lays out that parents will be responsible for the willful acts (not merely negligent, but actually willful, meaning that there has to be a mental state that affirmatively takes action) of a minor, but only up to $25,000. That's where it would be a good thing to have an insurance policy, and since the liability limit is so low, you won't have to actually spend that much on it.

ScottyMacEsq :

But that's the best way (aside from constantly following your child everywhere and being hyper-vigilant in what she does) to "protect" yourself.

ScottyMacEsq :

And again, this only applies to actual willful acts, so if the acts were negligent, parental responsibility does not apply.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer:

What type of lawyer would I need to get a judgement to make myself not liable for stalking type personallity so

Customer:

wouldn't be liable?

ScottyMacEsq :

Has there been a lawsuit actually filed?

Customer:

not yet but a codependent relationship with another "cutter" is ongoing and could lead to a lawsuit, currently my daughter is in a hold in a behavioiral hospital.

ScottyMacEsq :

To get a "judgment" absolving you of liability is what's known as a "declaratory judgment". It's most typical in breach of contract actions, and rarely seen, if ever, in tort (negligence, personal injury, etc...) type actions, and certainly never before an actual action has occurred. The reason is that there is no "ripe" claim yet. Neither side can go into court and say that this "might" happen, so give me a judgment as though it actually has or has not. Only when there is an occurance of a specific action or injury can a court then take up that issue and make a finding on the merits of the case.

ScottyMacEsq :

But if that should happen, I would highly suggest getting a tort defense lawyer that has specialized knowledge in parental liability.

ScottyMacEsq :

Another reason for insurance is that they will pay (most of the time) for your attorney fees.

Customer:

thanks

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12118
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 3 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
ScottyMacEsq
ScottyMacEsq
Family Lawyer
12118 Satisfied Customers
Licensed Texas General Practice Attorney