Q: Am I responsible for my son damaging his cell phone that the other parent provides?
Am I responsible for my son damaging his cell phone that the other parent provides?
My son's mother has consistently insisted my son use and have access to the device she provides. I have never been given access to this device but have allowed it be used by my son to avoid drama. My son is almost 14 and jumped into a pool over the weekend while in my care and had his cell phone in his pocket. Do I have to reimburse his mom for the phone she insists him use.
How would you respond to this: I’ve ordered a new phone for his use. It will be here next week. We’ll talk later about reimbursement for my damaged property.
A:
Under section 41.001 of the Texas Family Code, a parent who has the duty of control and reasonable discipline of a child is liable for property damage proximately caused by the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent to exercise that duty.
Depending on the facts of your particular situation, you could be legally liable for the damage to the phone.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
