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Unintended Consequences – Parental Liability for Actions of a Child

Teacher A Baker teacher was arrested, but will not be prosecuted, for allegedly grabbing a student’s shirt when he attempted to enter her classroom without tucking it in. The student apparently called his parents who reported the teacher to the police. She then suffered extreme embarrassment from being arrested, handcuffed, and removed from the school where she taught. The City’s special prosecutor has concluded that there was insufficient evidence that the teacher committed any crime and there is “no way” his office would prosecute her.

An issue raised by this unfortunate set of circumstances is whether the teacher has a cause of action against the parents of the child or other parties for the damages that she suffered. Confrontations, even physical ones, occur too often in our schools and some of them involve students assaulting or striking their teachers.

Louisiana law recognizes parental liability for actions of a child. Married parents should know that they are liable for the damage occasioned by their minor children who reside in their home. Parents who are not living together and who share the legal or physical custody of children may also be liable for such damage if the offending child is deemed to be a resident of their household.

Children often suffer emotionally and may act out in aggressive ways when their parents divorce. Parents, whether married or not, should be alert to behavior in their children that may lead to lawsuits against them.

What Our Clients Say
★★★★★
I highly recommend Louis
I hired Louis to represent me in my custody battle. From the start he was upfront and honest with me, if he said he was going to do something he did it and he never attempted to settle for anything less than what I was asking. He was not afraid to go head to head with opposing counsel which is what we ended up having to do. Thanks to Louis and his experience and knowledge of family law we won our case. I highly recommend Louis and will always use him for my future family Court needs.
Caleb
★★★★★
Brilliant Mind and Excellent Communication
I had no idea how to even look for an attorney when I found myself needing one. Mr. Cosenza is the best attorney I have encountered, and I took a lot of time finding one. He is brilliant in matters of the law. He approached my case from every angle. I am so thankful he was my attorney. I started out knowing absolutely nothing about court related matters. He answered even my smallest questions and guided me through to understand what was best for me and my children. He was excellent in communication with quick replies. He will have all of my recommendations.
Becky
★★★★★
Attorney Cosenza at his craft
My journey with Mr. Cosenza began nearly 3 years ago when I contacted him about divorce proceedings. During our initial consultation he told me exactly what to expect and we discussed cost, which I thought reasonable. After retaining him as my attorney and finalizing my divorce, things became fairly intense during the negotiation of the property settlement; yet he was relentless and tenacious. In the end, we prevailed victorious and everything came together perfectly. Attorney Cosenza always responded in a timely manner to my many calls, emails and texts. He gave clear, detailed, rational explanations of what I could expect. His work on my case has been life changing, in the best way possible. I am forever in his debt.
Sean
★★★★★
He does his very best
Working with Louis Cosenza truly helped to make my very difficult emotional and legal situation feel much more comfortable as I knew his experience and expertise was there to support and guide me. He knows the law and he does his very best to use that knowledge to represent his clients in and out of the courtroom.
Craig
★★★★★
Hands down the best experience I’ve had with a lawyer
I would like to start by saying I am from TX and my ex wife tried to file a judgment in LA. I contacted a number of lawyers that explained to me that this maybe a process that they could look into. I spoke with Mr. Cosenza with his 30 plus year of experience and he assured me this was not going to be a issue. He was very informative on the proceedings that where going to take place. He couldn’t have called it any better. There wasn’t even a need for me to travel to show in court. It is definitely worth a little extra to hire one of the best. I hope I hope won’t be needing his help again but if I do need another lawyer in LA. I won’t hesitate to contact him and he will be my lawyer again.
Michael