The misuse of social media, available to minors, has become an unfortunate source of abuse and harassment usually directed against kids who are unprepared to deal with the emotional barrage unleashed against them.

In extreme circumstances, these orchestrated social media directed attacks have resulted in the recipients to eventually commit suicide.

The unfortunate development of this trend appears to be growing. Criminal prosecutions of participants directing these attacks appear to be gaining wider acceptance throughout the country.

The next question is the extent to which a parent can be held responsible for the acts of their child based upon their unsupervised and unrestricted use of personal data devices which are operated under so-called “family calling or internet plans”.

California Civil Code Section 1714.10 limits parental liability for willful misconduct of minors resulting in injury or death to another person only $25,000 when the parent is responsible for the actions of the minor. The parents’ homeowner’s insurance carrier would be further obligated to only pay up to $10,000 for any conduct resulting in injury to another which the parent is held responsible for.

It is important to understand that these limitations are based upon the parents’ vicarious responsibility for the acts of their child. However, in those instances where the parents themselves could be held negligent for their failure to have properly monitored and supervised their children utilizing their Smart Phones, iPads and computers. There remains the potential for significant liability to be found directly against the parent for their own inability to have supervised and controlled their child who participated in abusive conduct, in concert with others, against an individual out of spite or to emotionally upset the intended recipient.

Parents have the responsibility and a duty to make sure that their own children are not engaged in contact intended to harass, bully or psychologically upset anyone, whether it’s another student, teacher or anyone else in the community. The capability of mobilization of opinion and action, by social media, is a very powerful one. It is critical that these capabilities are not abused in anyway regardless of how unintended the true consequences may be.

If you or any member of your family have been victims of harassment or cyber bullying then please contact the Law Offices of Gary Sernaker to discuss your legal rights and options available to protect yourself and to obtain compensation for the emotional distress and damage which resulted from these types of attacks.