Are my parents liable for the money that my brother stole? 4 Answers as of December 06, 2011
My brother is a minor and is soon to be 18 years old. He has not been living at home for the past year. My parents have filed multiple missing reports but as soon as he is returned he decides to run away. My parents have tried everything possible to keep him at home. He seems to maintain himself by selling drugs and through theft. Over the past year he has been caught robbing stores more than 10 times, and has been released every single time. He openly has said that hes not afraid of the consequences. He has been diagnosed by a psychiatrist as being mentally unstable. This most recent time he was caught by the security attempting to rob around $300 of merchandise which was all returned, as it has been every previous time hes been caught. My parents have recently received a letter demanding compensation for his actions for around $500 even though all the merchandise was returned. Is the store able to demand these damages, and what can my parents do when they have no control over my brother who is fearless of the law?Free Case Evaluation by a Local Lawyer!
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Law Office of Jeff Yeh | Jeff Yeh
No they are not. As a general rule under US common law parents are not liable. They can pay it if they want, but if it completely their discretion.
Answer Applies to: California
Replied: 12/6/2011
Hammerschmidt Broughton Law | Mark A. Broughton
Tell you parents NOT to pay that demand! There is a provision that allows the merchant to try to collect damages in a theft situation, but they almost never do anything other than send threatening letters.if they got all their merchandise back what damages have they suffered? If it will make your folks feel better, have them consult with a criminal defense attorney. I hope your brother gets straightened out.
Answer Applies to: California
Replied: 12/6/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your parents are liable for any debts that their minor children incur. They will no longer be libel or responsible for the action or bills or fines that are incurred after the minor turns 18. As to the demand for reimbursement by the store, even if the items were returned the store will demand payment for the time spent by its security department.
Answer Applies to: California
Replied: 12/6/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The store is trying to collect its "damages" for the theft/attempted theft as provided by code. They tend to claim the time of the security is involved. Security is always there . I generally tell clients to ignore the request. One should read the demand carefully. Some attorneys attempt extortion.
Answer Applies to: California
Replied: 12/5/2011
