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  1. #1
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    Sep 2011
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    Default Re: Vandalism by Children

    If you have the names and pictures (yearbook) of the kids. The video should show who the ones that did what damage are. Make a list with the damages done by each kid. Then talk to those parents.

  2. #2
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    Default Re: Vandalism by Children

    If they all broke in together and were acting together, then the theory would be one of joint and several liability, not one involving trying to figure out who did what and sending separate bills for part of the damage.
    Quote Quoting Mississippi Code, Sec. 85-5-7. Limitation of joint and several liability for damages caused by two or more persons; contribution between joint tortfeasors; determination of percentage of fault; liability of medical defendants for economic and noneconomic damages
    (1) As used in this section, "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn. "Fault" shall not include any tort which results from an act or omission committed with a specific wrongful intent.

    (2) Except as otherwise provided in subsection (4) of this section, in any civil action based on fault, the liability for damages caused by two (2) or more persons shall be several only, and not joint and several and a joint tort-feasor shall be liable only for the amount of damages allocated to him in direct proportion to his percentage of fault. In assessing percentages of fault an employer and the employer's employee or a principal and the principal's agent shall be considered as one (1) defendant when the liability of such employer or principal has been caused by the wrongful or negligent act or omission of the employee or agent.

    (3) Nothing in this section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly noted herein.

    (4) Joint and several liability shall be imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it. Any person held jointly and severally liable under this section shall have a right of contribution from his fellow defendants acting in concert.

    (5) In actions involving joint tort-feasors, the trier of fact shall determine the percentage of fault for each party alleged to be at fault without regard to whether the joint tort-feasor is immune from damages. Fault allocated under this subsection to an immune tort-feasor or a tort-feasor whose liability is limited by law shall not be reallocated to any other tort-feasor.

    (6) Nothing in this section shall be construed to create a cause of action. Nothing in this section shall be construed, in any way, to alter the immunity of any person.
    Quote Quoting Dustin Stewart
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    The investigator told me if I take payment from any parent, I cant press charges on the other's kids. He also said if I press charges on all kids, it is very unlikely I will get all the restitution from a court. He said I can take payment from parents who are willing, and sue the ones who are not willing.
    To me, this sounds like a lazy investigator who is trying to get rid of the case.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Vandalism by Children

    Quote Quoting Mr. Knowitall
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    If they all broke in together and were acting together, then the theory would be one of joint and several liability, not one involving trying to figure out who did what and sending separate bills for part of the damage.


    To me, this sounds like a lazy investigator who is trying to get rid of the case.
    the problem I see is that the statute you posted involves liability of the perpetrators. The law I posted places liability on the parent and it specifically states for damages caused by their child, not simply for liabilities their child may incur.

    In other words, op can sue any and all of the children for all of the damages but if suing the parents he can only sue those parents whose children actually caused damage.


    At least that's how I interpret it.

  4. #4
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    Default Re: Vandalism by Children

    The law provides for direct legal action against the children, action against the parents predicated upon theories of negligence (this also helps bring in homeowner's insurance coverage), and an action against the parents predicated upon statutory vicarious liability for the children's willful misconduct. You don't have to choose one over another -- you can sue on all available grounds.

    If the parents collectively agree to pay full restitution, rather than negotiating with each parent and dealing with resultant quibbling, you can give them a copy of the surveillance video and let them fight it out among themselves. If you sue them and the parents wish to try to make the case that they should be held liable for lesser amounts of the damage caused by their children, similarly, they can be invited to fight it out among themselves. As the injured party you're under no obligation to make it easy for a parent to duck responsibility, or put yourself in a position where you are not made whole because, after you suggest that most of the participants to the misconduct committed only minor damage, the parents whose kids did the most damage refuse to pay -- and thanks to a lazy investigator are also off the hook in youth court, where parents can be held responsible to pay restitution for their children's criminal acts pursuant to Mississippi Code, Sec. 43-21-619.

    If it were me and I had insurance coverage, I would tell the investigator to proceed with charges and worry about my deductible at a later date. If I didn't have insurance coverage, but it would not cause an economic hardship to wait to try to recover damages, I would tell him to proceed with charges and worry about recovering restitution or damages at a later date. If I were inclined to settle, it would be all-or-nothing -- everybody chips in and pays full restitution, however they choose to calculate their respective shares, or there's no deal.

    Even assuming that there is clear video of the acts, such that it were possible to try to allocate responsibility, settling with some and not others sets you up for the argument in later litigation that you underestimated the share of the damages you attributed to the other defendants. Instead of having them fight it out between themselves, you're put in the position of having to defend the amounts you came up with against defendants who argue that they have minimal liability.

  5. #5
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    Default Re: Vandalism by Children

    The option of letting the prosecution proceed, with restitution court-ordered, would be a logical course of action. Just stick with the "investigation" so that it gets that far.

    Then the probation officers, or at least the family courts, could figure out the liability of each and who owes what to you.

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