Essay Flashcards

Facts: In a family-owned auto repair shop, a 16-year-old unemancipated child, Ana, assists in the shop under her father Luis’s parental authority. While Ana operates a hydraulic lift to reposition an engine, a misadjustment causes the lift to lurch and injure Ben, a bystander, causing Php 55,000 in medical expenses. Ben sues both Ana and Luis, alleging that Luis is civilly liable for damages caused by his unemancipated child under parental authority. Luis contends that he supervised Ana, reminded her of safety rules, and did not neglect his duties as guardian.
(a) Identify the governing doctrine on liability of parents for damages caused by unemancipated children under parental authority.
(b) Based on the facts, determine whether Luis is civilly liable for Ana’s tort, and to what extent.
(c) If Luis is liable, discuss possible defenses and how they would affect the scope of liability.