2003 Montana Legislature

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HOUSE BILL NO. 214

INTRODUCED BY SHOCKLEY

BY REQUEST OF THE LAW AND JUSTICE INTERIM COMMITTEE

 

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A PARENT MAY BE LIABLE FOR A TORT COMMITTED BY THE PARENT'S MINOR CHILD ONLY IF THE PARENT KNOWS OR HAS REASON TO KNOW THAT THE PARENT HAS THE ABILITY TO SUPERVISE CONTROL THE PARENT'S CHILD AND KNOWS OR SHOULD KNOW OF THE NECESSITY AND OPPORTUNITY FOR EXERCISING SUPERVISION CONTROL; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

     WHEREAS, in Crisafulli v. Bass, 2001 MT 316, 308 Mont. 40, 38 P.3d 842 (2001), the Montana Supreme Court recognized that the Legislature had failed to act in the area of parental liability for a child's tort and, in the absence of legislative policy to the contrary, adopted section 316 of the Restatement (Second) of Torts (1965) as a reasonable expression of a parent's duty.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     NEW SECTION.  Section 1.  Parental liability standard. (1) A parent is under a duty to exercise reasonable care to supervise CONTROL the parent's minor child to prevent the child from intentionally harming others or from the child engaging in conduct in a manner that creates an unreasonable risk of harm to others if the parent:

     (a)(1) knows or has reason to know that the parent has the ability to supervise CONTROL the parent's child; and

     (b)(2) knows or should know of the necessity and opportunity for exercising supervision CONTROL.

     (2) A parent may be liable for a tort committed by the parent's minor child only if the circumstances described in subsection (1) are found to have been present at the time of the tort.

 

     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1].

 

     NEW SECTION.  Section 3.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 214 (HB0214.02)
Processed for the Web on February 11, 2003 (2:47pm)

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