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Are you responsible for your children’s actions? Hans Christian Andersen’s “The Ugly Duckling” and a recent court ruling can provide some insight on the concept of “vicarious liability.”
The Story of The Ugly Duckling
Fairy tales, nursery rhymes, and fables are wonderful methods of teaching children how to behave if they take the moral of the story to heart. Take Hans Christian Andersen’s “The Ugly Duckling,” for example. This is a fable that represents the harsh realities of social rejection and bullying experienced by individuals who are perceived as different. The duckling, berated and belittled for not fitting in with his peers, suffers psychological torment that is all too familiar in our society. The duckling’s constant harassment is a reflection of the impact our social environment has on self-perception and subsequent behavior.
While the mother duck protected her young ward, this story is not about her. Instead, it is about the other characters in the story who pushed, pulled, and picked on the poor duckling. The duckling is subjected to relentless bullying, unchecked by the parents of the other ducks, a cat, and a hen. It sheds light on the concept of vicarious liability, where parents or guardians are held accountable for the actions of their children, an idea recently brought to the attention of the public with the conviction of Jennifer and James Crumbley for involuntary manslaughter resulting from the murder of four students and wounding of six others by their son, Ethan.
Does Your Insurance Provide Protection
When it comes to your homeowner insurance policy, you may not be covered for your child’s actions if the acts are intentional, such as a school shooting.
I am not an attorney, and nothing in this article should be construed to give legal advice. I am a former insurance adjuster who handled claims within the confines of the policy and the law. Because of this, I must be familiar with what the law is; this article provides an overview of the legal concepts and the homeowner policy.
Vicarious Liability, or Respondeat Superior
The conviction of Jennifer and James Crumbley for Ethan’s crime gripped the public’s attention. News outlets still call the elder Crumbleys’ verdict groundbreaking, historic, and unprecedented. The prosecuting attorney, Karen McDonald, argued that James Crumbley was guilty of “gross negligence.” Gross negligence is the deliberate, reckless, and complete disregard to the duty of care and for the safety and welfare of others. It’s more than carelessness, but stops short of being completely devoid of compassion towards a fellow human.
Vicarious liability is when a principal, such as a parent or guardian, becomes responsible for the acts of the principal’s agent, such as a child. The Crumbleys’ conviction on grounds of vicarious liability is a modern, real-world example of the negligence shown by the animal parents in Andersen’s tale, declaring that parents are responsible for their children’s behavior from something as simple as truancy to a school shooting.
Respondeat superior came out of vicarious liability and is typically applied in employer-employee relationships, where employers are held accountable for employee’s actions performed within the scope of their employment. The parents of the deceased and injured children filed suit against the school and the school district, stating it was responsible for protecting their children from Ethan. In March 2023, a county circuit judge ruled that the school could not be sued due to governmental immunity. This theory may come into play shortly, as the parents plan to refile their suit.
Parents Take Note
The concepts just discussed apply to other issues related to children. Bullying is conduct where one or more persons harass another over time. It is characterized by methodical, hurtful, inappropriate, and threatening behaviors and can be either physical or psychological such as:
- Repeatedly sending offensive, rude, and insulting messages;
- Distributing personal or embarrassing information, or tricking the victim into revealing personal or embarrassing information and sharing it with others; and
- Repeatedly sending messages that include threats of harm or engaging in online activities that cause the victim to fear for his or her safety.
Tweens and teenagers are particularly aggressive in the use of cyber bullying through social media. Many peers have become their victims.
The implications of this extend beyond the legal sphere into the realm of insurance.
Homeowner Insurance
Homeowner insurance policies, serving as a safety net for countless unexpected events, exclude coverage for intentional acts, such as a school shooting or bullying. The reasoning is that policyholders should not benefit from their or their child’s intentionally harmful acts. Consequently, parents could find themselves in financial ruin if their negligence contributes to their child’s deliberate actions.
Cyberbullying, which could be considered libel, falls under Section II – Liability Coverages, A. Coverage E – Personal Liability in a homeowner policy. While there may be coverage, there are limitations and exclusions. If the bullying is deemed as intentional and malicious, the act would not be covered. This can lead to dire financial consequences.
Based on the Crumbley ruling, parents may feel pressure to micro-manage every aspect of a child’s experiences or adopting the role of a helicopter parent—especially if they are responsible not only for their child’s well-being, but that of other children’s. In the insurance aspect, it’s about what is “reasonable,” which is based on what an average person would do.
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Chantal M. Roberts, CPCU, AIC, RPA, is a self-described insurance nerd with over 20 years of experience as a multi-lined claims adjuster. She is also an award-nominated author who has previously written two books, one for mid-career adjusters, The Art of Adjusting: Writing Down the Unwritten Rules of Claims Handling, and a creative nonfiction story about Molière, A Love Story: How the Heartland Fell in Love With a 400-Year-Old French Comedic Playwright. Her new book, Once Upon A Claim: Fairy Tales to Protect Your Ass(ets) (May 11, 2024), provides consumers with a better understanding of property and casualty insurance and claims.