QUESTION
What is the legal liability of cohabiting people if one partner with an 18 year old kid is sued over something their child did?
Asked on Dec 11th, 2014 on Personal Injury - Indiana
More details to this question:
I'm referring to the 18 year old college student that is the son of my live-in girlfriend. We have been together for 11 years. The house is titled in both names. If the 18 year old gets into an accident which results from injury or death and alcohol is involved, can the mother be sued and would the home be at risk? In other words, am I also at risk of being brought into a suit to defend my home and assets that are mutually titled in both names?
2 ANSWERS
The questions cannot be answered with a simple yes or no. Generally you are not responsible for the negligence of your children. You would not be responsible for the negligence of your girlfriend's child. This child sounds like an adult under the strict definition of the law since he is over age 18. However, you could be responsible for his negligent operation of a motor vehicle if you negligently entrusted an automobile to an obviously intoxicated person. I suggest you contact your homeowners or auto insurance company and ask them the questions you have submitted on this forum.
Answered on Dec 11th, 2014 at 11:30 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
If the 18 year old gets into an accident which results from injury or death and alcohol is involved, can the mother be sued? Not unless she supplied the alcohol. If it is her vehicle, she might be named in an attempt to locate where the auto insurance is, but would not have any liability just because she owns the vehicle. If your girlfriend is sued for any reason and there is a judgment against her, it could end up with your house being sold so that her share of the value can be used to pay that judgment. (If you were married, this could not happen).
Answered on Dec 11th, 2014 at 12:22 PM