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Can I sue a minor in Louisiana?

Yes, but the lawsuit would name the child’s mother or father as the defendant on behalf of the minor child. Louisiana law allows claims for the negligent acts of minors against the minors’ parents. For instance, if you were in a car accident caused by a driver under the age of eighteen (18), you could make a claim against or sue the minor’s parents.

Louisiana Civil Code article 2318 states: “The father and the mother are responsible for the damage occasioned by their minor child. . .” Typically, when a lawsuit is filed the father of the minor child is named as a party to the lawsuit. The father becomes a defendant in the lawsuit by virtue of his relationship to the minor child that committed the act. The father is a child’s natural tutor.

The rule applies for both negligent (unintentional but careless) acts and also intentional acts like battery. There are also exceptions. For instance, a parent will not be responsible for the acts of a minor that was legally emancipated. A minor that has been emancipated means that a court or legal document has separated the legal tie between the parents and the minor child that would otherwise cause the parents to be responsible for the actions of the minor. Minor children that marry typically become emancipated from their parents.

If you or a loved one were in an accident caused by a minor child and have questions about your rights, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation: 1000 Veterans Blvd #203, Metairie, LA 70005, Phone: 504-508-6414. Speak directly with an attorney. Attorney Donald D’Aunoy Jr. offers FREE house calls to personal injury clients throughout southeast Louisiana.

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