Minor Child's Intentional Act

Sat, 27 Feb 2010 17:42:04 -0600

I've had more than one case where a group of teens were having a party at a parent's home, then someone was killed or seriously injured due to anger or intoxication. Who's responsible for that death or injury? Its a complicated situation. One example: a group of teens are hanging out in a parent's home and that parent had loaded guns in the house or alcohol or drugs in the home and the teen knows where they are and can readily get them. A fight or argument breaks out and the teen who lives there gets the gun, points it at his/her agitator and shoots. Its an intentional act, one teen is dead or seriously injured and the bad acting teen is a minor who faces only juvenile charges for the bad act. In Oklahoma, a parent is liable for only up to $2,500.00 for a minor child's intentional wrong. Oklahoma Statute Title 10 Sec. 23(A). $2,500.00 might pay for a minor injury, but it wouldn't touch a wrongful death or life altering injury. At that point, one needs to look at the parents (owners in charge of the home) where the bad act occurred and what they may have done (or left undone) to negligently cause or allow the bad act. The act of having loaded guns readily and easily available in a home to a minor child, not under lock and key, not under proper supervision, may enable the family of a deceased or inured child to recover for their loss against the lax or irresponsible parents/home owners and their homeowner's insurance policy. Also, were the kids intoxicated and where did they get the alcohol or drugs that lead to the fight and wrongful act(s)? The parents/owners responsible for the home in which the acts occurred are also responsible to supervise the activities in their home and to keep alcohol, drugs (prescription and others) away from children, not readily accessible or under lock and key. This is a complicated and wary area of the law. Many legal questions arise and your facts can change the equation dramatically. Consult an experienced trial attorney quickly if such a tragedy befalls you and your family.

Clock is Ticking

Thu, 04 Feb 2010 11:22:03 -0600

The tragic loss of a loved one creates anger, pain and, most of all, confusion. The survivors of a sudden or unexpected loss due to the negligence of another are vulnerable, but still need to act to protect their rights. This happens in the middle of mourning and many survivors don't have the inclination or time to deal with it. Whether it’s a fatal car crash, plane crash, medical negligence or slip and fall, immediate questions arise about the facts of the incident, witnesses, time elapsed, evidence at the scene, who was at fault and how. Pictures, statements, Police investigations or investigations by government agencies happen quickly and are important. These questions need timely answers because the statute of limitations clock is ticking, witnesses disappear and evidence can go stale. Each case involving a death is complicated and needs special and timely attention.

Wrongful Death by Gilpin Law Firm

Minor Child's Intentional Act

Clock is Ticking