School Injury Law: Parental Liability

Ohio’s parental liability statute, R.C. 3109.10, provides “[a]ny person is entitled to maintain an action to recover compensatory damages in a civil action . . . from the parent of a child under the age of eighteen if the child willfully and maliciously assaults the person by a means or force likely to produce great bodily harm.”

Ohio school injury attorney, Scott Kuboff, discusses the parental liability statute and the nature of the claim:

If your child has been bullied, hazed, or injured at school, please contact Scott for a no cost, no obligation consultation and case evaluation.

R.C. 3109.10: Strict Parental Liability for a Child's Assault

 A school-yard fight.   A neighborhood bully.  An opposing player who loses his cool.   There can be a number of scenarios where your child can become the victim of a willful and malicious assault.   Hopefully the most serious injury will be a bruised ego.  However, if your child suffered serious injury, which required medical attention, you do have an avenue to recover damages.

     In Ohio, R.C. 3109.10 imposes strict liability on the parents of a child who willfully and maliciously assaults another.   Strict liability imposes liability on an individual without the need to prove negligence or some other type of wrongful conduct.  Specifically, R.C. 3109.10 provides, in relevant part:

Read more