Court Holds Parents Liable for Damages Caused by Child Riding Electric ATV
A Tel Aviv Small Claims Court ruled that a mother is responsible for damages caused by her 13-year-old son who crashed an electric ATV into a parked motorcycle, knocking it over. The motorcycle owner sought 13,000 shekels in compensation for repair costs and distress after the incident, which was captured on security cameras. The boy attempted to pass through a narrow gap between the motorcycle and a nearby fence while riding on the sidewalk, causing the collision.
The motorcycle owner claimed the mother accepted responsibility after he contacted her, but she argued the son alone was liable and that the motorcycle owner was partly at fault for illegally parking on the sidewalk, creating a hazard. Judge Roee Shahar emphasized that parents have a duty to supervise their minor children, especially when using potentially dangerous vehicles like electric ATVs. The court rejected the mother’s claim that the ATV was a mere toy, noting it can reach speeds of tens of kilometers per hour.
The court found the mother negligent for allowing her son to use the ATV without preventive measures and assigned 30% contributory negligence to the motorcycle owner for parking on the sidewalk and leaving a narrow passage. Although the owner presented a repair estimate of 7,913 shekels, he did not fix the motorcycle after the accident. The mother was ordered to pay 4,200 shekels plus 900 shekels in legal fees, with no compensation awarded for emotional distress.
Attorney Barak Avivi, an expert in personal injury and traffic accidents, explained that parents are legally responsible for damages caused by their children under 18, including accidents involving electric scooters, bikes, or ATVs. He warned that parents could face substantial liability claims if their children injure pedestrians or damage property, especially if the child rides recklessly or violates traffic rules. Such cases fall under tort law, requiring proof of negligent behavior beyond mere unauthorized use or lack of helmet.
