Now that spring has arrived, high school students anxiously look forward to prom night for what should be an exciting time for them as well as their parents.  Unfortunately, along with this excitement often comes irresponsible conduct on the part of teenagers, including the use of  alcohol or drugs.

    The National Highway Traffic Safety Administration reports that 60% of traffic fatalities on high school prom and graduation weekends are alcohol related.  It comes as no surprise that many parents at this time of year find themselves concerned about the safety of their own children and, unfortunately, the consequences of their own children’s conduct in causing injuries or death to another person.

    Under Indiana law, parents are obviously legally responsible for their own actions.  If an injury results from their child’s negligent conduct, parents are generally not liable for those injuries.  There are, however, circumstances in which a parent can be liable for the consequences of their child’s conduct.

    Under Indiana statutes, a custodial parent is liable for up to $5,000 for injuries or damages caused by their child which results from intentional or reckless conduct.  Driving under the influence of alcohol or drugs could be considered reckless conduct and, if so, the parent could be responsible for up to $5,000 for damages or injuries caused by their intoxicated or impaired child.

    Although parental liability for a child’s reckless conduct is capped at $5,000, this limitation would not apply if the parent commits his or her own negligent conduct. For example, providing alcohol to their child, or allowing their child to drive while intoxicated could result in parents also being responsible for harm caused by their child.

    In addition, parents who sign their child’s driver’s license application for a probationary license are jointly responsible for any injuries or damages caused by their child while operating a motor vehicle.  Therefore, once a parent has signed this form, any injuries or damages caused by the negligence of the child while driving will be the parent’s obligation as well as the child’s.  While this shared liability terminates when the child reaches age eighteen, it is important to understand that this liability is unlimited.

    Most often, automobile insurance policies provide liability coverage for the child which generally provides coverage for the parent’s liability as well.  However, if a child is driving without insurance, or is driving with low liability limits, a parent can be responsible for the damages in excess of the insurance coverage.  It is, therefore, important that parents maintain sufficient automobile insurance coverage on all vehicles in their household.  In addition, parents should take steps to ensure their child is not operating a vehicle while intoxicated.

    In order to minimize or monitor your child’s alcohol use on prom night, The Century Council, a group dedicated to reducing drunk driving and underage drinking, encourages parents to consider the following:

• Make sure your child has a plan for the evening and that you know it.
• Work with the school to have food served during the prom.
• Know the “hot spot” destinations.
• Take stock of the alcohol in your home.
• Know who is driving--if it’s a limo, make sure their policy does not allow alcohol in the vehicle.
• Discuss the school’s prom rules with your child and the consequences for violating them.
• Encourage seatbelt use--the best accessory!
• Do not rent hotel rooms for your child.
• Communicate with other parents and school officials.
• Stay up for your child’s return home.

    While it is impossible to eliminate all reckless behavior, the risk of alcohol related accidents can be reduced.  Hopefully, prom night can be a night to remember for all the right reasons.




Tony Patterson is an attorney who practices personal injury law with the law firm of Parr Richey Obremskey & Morton. 

April, 2006