Texas-Book-Gun Law Armed And Educated - Flipbook - Page 428
for the first time, but they are both asked to leave the range after
Curtis repeatedly fires into the ceiling and the floor. Not to be
deterred, Johnny takes Curtis to another range with no additional
instruction or training.
If Curtis shoots and injures someone at the second range, it is likely
that Johnny will be liable, because Johnny allowed Curtis to act in
a manner likely to harm another, and Johnny did not restrain Curtis
despite his dangerous conduct.
C. Parents have a duty to control and discipline children
In addition to the situations described in the preceding section
where parents may become liable for a minor child’s actions when
the parent’s own actions (or lack thereof) played a role, Texas has
a statute that also provides limited parental liability. Texas Family
Code Section 41.001 provides that a parent or other person who has
the duty of control and reasonable discipline of a child is liable for
any property damage proximately caused by:
1) the negligent conduct of the child if the conduct is reasonably
attributable to the negligent failure of the parent or other person
to exercise that duty; or
2) the willful and malicious conduct of a child who is at least 10
years of age but under 18 years of age (recovery for damage
caused by willful and malicious conduct is limited to actual
damages, not to exceed $25,000 per occurrence, plus court
costs and reasonable attorney’s fees).
The first subsection mirrors the standard for parental liability in
Texas, meaning a parent is liable for the negligence of a child,
if the parent was negligent in failing to control or discipline the
child. For example, if your child has previously injured someone
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