Tuesday, October 21, 2014
GA: Parents May Be Liable for Negligent Supervision in Failure to Have Child Take Down Fake Facebook Page
On October 10, the Court of Appeals of Georgia allowed a claim to go forward against the parents of a middle-school-aged child who created a fake Facebook page for a classmate and posted defamatory statements. In Georgia, parents have a duty to supervise their children with regard to conduct that poses an unreasonable risk of harming others. The court's decision was based on the fact that the parents did not compel their child to take down the fake Facebook page after they became aware of it. The page remained up for approximately 11 months after the parents learned of its existence. The case is Boston v. Athearn.
Thanks to Mark Weber for the tip.
https://lawprofessors.typepad.com/tortsprof/2014/10/ga-parents-may-be-liable-for-negligent-supervision-in-failure-to-have-child-take-down-fake-facebook-.html
It's an interesting take on the classic case of Hellar v. Bianco, 111 Cal. App. 2d 424, where the tavern owner was held liable for failure to remove defamatory material from the men's room wall after notice and demand that he do so, a holding that was supported in the R2d Torts Sec. 577(2).
Posted by: Bob Bohrer | Oct 21, 2014 1:04:51 PM