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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Liability for Actions of Minor in Oregon

    I'm interested in determining what liability I have for my stepson's actions.

    We live in Oregon and he is 16. In addition to pot and other drug use, I suspect he is selling his Adderall for drug money. (Yes, we have gone to years of therapy, drug counseling, peer groups, ... and it doesn't make one bit of difference to him. And we've asked his dad to watch to make sure he swallows the medication, but his dad isn't too good with followthru).

    I've seen on his Facebook page where he is talking about other drugs and giving them to others.

    He currently lives with his dad, but visits his mother and I on the weekends.

    What is my liability if he damages something or hurts someone (either by his actions or by giving them drugs)?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Liability for Actions of Minor in Oregon

    he's 16 going on a path to prison? If everything is not working to stop his drug use then I would call the police before he hits 18. does he do drugs at your house? Then you may have liability issues.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Liability for Actions of Minor in Oregon

    Absent an independent cause of action against you (e.g., negligent supervision, negligent entrustment of a motor vehicle, etc.) your liability is limited by the following statute:
    Quote Quoting ORS 30.765 Liability of parents for tort by child; effect on foster parents.
    (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort intentionally or recklessly committed by such child. However, a parent who is not entitled to legal custody of the minor child at the time of the intentional or reckless tort shall not be liable for such damages.

    (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $7,500, payable to the same claimant, for one or more acts.

    (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

    (4) Nothing in subsections (1) to (3) of this section applies to foster parents.

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