Family purpose doctrine


The family purpose doctrine is "a court-created legal fiction that employs agency principles to impose vicarious liability on a head of the household for the negligent operation of a motor vehicle by a family member."[1][2][3] The theory of the doctrine is that "the driver of a family car, in pursuit of recreation or pleasure, is engaged in the owner's business and is viewed as either the agent or servant of the owner."[1][2][4][5]

Overview

In the US, this is primarily a state-level rule with considerable variation in its application.[6] For example, in Arizona, the family purpose doctrine is applied very broadly and holds parents liable even for the negligence of a child driving a motor vehicle in defiance of driving restrictions placed upon him.[7] In Georgia, the 'family purpose' liability extends to third parties allowed by the teenage driver to operate the car. Georgia also extends the rule to adult children in some cases and explicitly extends the rule to family boats.[8]

In Colorado, on the other hand, the same term is used to describe joint and several liability for household bills.[9]

References
  1. Van Arsdale, Barbara J.; Braswell, Keith A.; Blum, George; Bourdeau, John; Coltoff, Paul M.; Gebauer, John A.; Gordon, Noah J.; Babb Morris, Mary; Oakes, Karl; Surette, Eric (February 2023). "§ 632. "Family-purpose" doctrine as affecting owner's liability for negligent operation of vehicle, generally". American Jurisprudence, Second Edition. 8 (Am. Jur. 2d).
  2. Gummo v. Ward, 57 F. Supp. 3d 871 (M.D. Tenn. 2014)
  3. Jackson v. Carland, 192 N.C. App. 432, 665 S.E.2d 553 (2008)
  4. Nelson v. Johnson, 1999 ND 171, 599 N.W.2d 246 (N.D. 1999)
  5. Evans v. Stewart, 370 S.C. 522, 636 S.E.2d 632 (Ct. App. 2006)
  6. "Liability of owner under family purpose doctrine for injuries by automobile while being used by member of his family". American Law Reports. 132 (981). 1941.
  7. Young v. Beck, Case No. 1 CA-CV 09-0188
  8. Stuart v. Stephens, 225 Ga. 185, 166 S.E. 2d 890 (1969)
  9. "Douglas A. Turner, P.C. » Estate Planning & Colorado Probate » The Family Purpose Doctrine". www.douglasturner.com. Archived from the original on 2007-12-10.


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