In March 2022, Linda Frickey, 73, was carjacked by four teenagers who were cutting school. The results were gruesome and fatal as Frickey became tangled in her seatbelt was dragged for blocks to her death. The driver, John Honore, 17, was turned in by his own mother after she viewed the surveillance videos of the incident on the news. Subsequently, his DNA was found on an earbud he left in Frickey’s car. Honore has since turned 18, been found guilty and will be sentenced in January 2024. All four teens were charged as adults and the remaining three, all females, accepted plea deals in exchange for 20-year sentences.
While Linda Frickey’s widowed husband, Ricky Frickey, and the remainder of the family are relieved that the culprits will be in prison, they are taking it one step further by suing the parents of the teens as well. According to Kenneth Kuhn of WWL Louisiana, Ricky Frickey, is seeking $50,000 in damages for his wife’s wrongful death as well as loss of income, emotional distress, and more.
“The Frickey family [says] changes need to be made at the state level to address truancy, saying if the four teenagers had been in school as scheduled, the disturbing crime never would have happened.” -Maddie Kerth
Parental liability for the actions of their minor children is a controversial topic. Traditionally, parents were shielded from legal responsibility for the actions of their children, but recent legal developments have prompted some states to reconsider this stance, particularly in cases involving severe criminal offenses.
Several states have enacted legislation or established legal precedents allowing families to sue the parents of minors who have committed murder. Notably, these legal actions aim to hold parents accountable for their potential role in a child’s criminal behavior. Additional states currently permitting such lawsuits include:
California
California permits families to pursue legal action against parents if they can demonstrate that the parents were negligent in supervising or controlling their minor child.
New York
In New York, families may file lawsuits against parents under certain circumstances, such as if there is evidence of parental negligence or if the parents were aware of their child’s violent tendencies.
Texas
Texas allows families to sue parents if they can prove that the parents failed to exercise reasonable control over their minor child, leading to the commission of a criminal act.
Florida
Florida has provisions for families to sue parents for their minor child’s actions, provided it can be shown that the parents were aware of the child’s dangerous propensities and did not take appropriate steps to prevent harm.
Illinois
Illinois law permits legal action against parents if their minor child intentionally causes harm to another person and the parents were negligent in preventing the harm.
The types of crimes that may allow for legal action against the parents of minors can vary based on state laws and individual circumstances. In general, legal actions against parents typically arise in cases where the minor has committed serious and intentional offenses. While the specific crimes can differ, they often include acts of violence, such as assault, battery, or homicide.
Some states may have laws that specifically address parental liability for certain criminal acts committed by minors. The legal action against parents is often predicated on the concept of negligence or failure to supervise, where parents may be held responsible for not taking reasonable steps to prevent or address their child’s criminal behavior.
Crimes that might lead to legal action against parents can include, but are not limited to:
Assault and Battery: Acts of physical violence against others.
Homicide or Murder: Unlawful killing of another person.
Robbery: Theft involving force or the threat of force.
Criminal Mischief: Willful and malicious destruction of property.
Sexual Assault: Unlawful sexual acts committed by a minor.
Vandalism: Intentional destruction or defacement of property.
It’s important to note that the specifics can vary widely depending on state laws, and legal action against parents is not universally applicable for all crimes committed by minors. Additionally, the burden of proof often lies with the party bringing the legal action, and they must demonstrate that the parents were negligent or somehow contributed to the commission of the crime by their minor child. Legal advice specific to the jurisdiction in question is crucial to understanding the nuances of parental liability in cases involving criminal acts by minors.
Sources
Linda Frickey’s husband sues parents of teens guilty in her carjacking, death
‘Choices have consequences:’ Orleans DA hails guilty verdict in trial of Linda Frickey’s killer
Image courtesy of Inzmam Khan