Liability of Parents for the Willful Torts of Their Children under Ohio Revised Code Section 3109.09

This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.