Printable Format8-222. Liability of owner for damages caused by negligence of minors under age of sixteen. Every owner of a motor vehicle causing or knowingly permitting a minor under the age of sixteen years to drive such vehicle upon a highway, and any person who gives or furnishes a motor vehicle to such minor, shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle.
History: L. 1931, ch. 80, ยง 22; June 30.
Cross References to Related Sections:
Unlawfully permitting child or ward to drive, penalty, see 8-263, 8-268.
Law Review and Bar Journal References:
Discussion of effect of statute on liability insurance, Charles H. Oldfather, Jr., 10 K.L.R. 249 (1961).
Survey of Kansas law in connection with application of guest statute, F. J. Moreau, 12 K.L.R. 348 (1963).
Imputed contributory negligence in agency relationships, Thomas E. Lowman, 6 W.L.J. 508, 512 (1967).
"Parents' Liability For a Child's Wrongful Acts," Randall K. Rathbun, 4 J.K.T.L.A. No. 3, 7, 9 (1980).
"The Misapplication of Comparative Negligence: An Argument for the Use of Joint and Several Liability in Gun Control," Michele M. O'Malley, 40 W.L.J. 334 (2001).
CASE ANNOTATIONS
1. Damages must be caused by minor's negligence. Jacobs v. Hobson, 148 Kan. 107, 111, 112, 79 P.2d 861.
2. Section constitutional and mother held liable for injury caused by daughter. Shrout v. Rinker, 148 Kan. 820, 821, 822, 823, 824, 825, 84 P.2d 974.
3. Liability hereunder not limited by guest statute. In re Estate of Bisoni, 171 Kan. 631, 633, 634, 635, 637, 639, 237 P.2d 404.
4. Cross-claim of owner not determined until negligence of minor established. Gatz v. Church, 180 Kan. 15, 16, 17, 299 P.2d 81.
5. Emergency alleged; owner's demurrer properly overruled. Smith v. Steadman, 180 Kan. 417, 418, 304 P.2d 553.
6. Action against insuror for fraud; demurrer to petition erroneously sustained. Ware v. State Farm Mutual Automobile Ins. Co., 181 Kan. 291, 294, 311 P.2d 316.
7. Section renders any person under the minimum statutory age conclusively incompetent to drive a vehicle. Greenwood v. Gardner, 189 Kan. 68, 70, 366 P.2d 780.
8. Admission that 15-year-old had permission to take and use car established joint liability. Albin v. Munsell, 189 Kan. 304, 307, 369 P.2d 323.
9. Child without parent's consent loaned car to minor; parent not liable. Horn v. Allied Mutual Casualty Company, 272 F.2d 76, 77, 78, 80.
10. Liability of owner or permittee for negligence of underage driver determined; summary judgment upheld. Smithson, Executor v. Dunham, 201 Kan. 455, 459, 460, 461, 441 P.2d 823.
11. Section inapplicable to claim based on negligent entrustment; not affected by guest statute. Neilson v. Gambrel, 214 Kan. 339, 341, 342, 520 P.2d 1194.
12. Alleged violation of section; contributory negligence; judgment for directed verdict for defendants upheld. Kirby v. Golden, 215 Kan. 583, 586, 588, 527 P.2d 962.
13. Section cited; name on certificate of title; real party in interest. Hartley v. Fisher, 1 Kan. App. 2d 362, 363, 566 P.2d 18.
14. A minor who furnishes a vehicle to another minor is covered by section's liability provisions; "any person" construed. Davey v. Hedden, 260 Kan. 413, 414, 417, 920 P.2d 420 (1996).
15. Negligence of driver under 16 years of age is imputed to plaintiff parent permitting son to drive; summary judgment granted on wrongful death claim of parent. Yetsko v. Panure, 272 Kan. 741, 35 P.3d 904 (2001).
16. Defendant company was not liable for negligent entrustment under state law. Wheat v. Kinslow, 316 F. Supp. 2d 944, 952 (2003).