Weisenberg v. Miller

The plaintiff was burned by a flash ignition from the lighting by a match of cigarette lighting fluid by the son of the defendants. The fluid was in the automobile of the defendant father for over a year and discovered by the plaintiff and defendants’ son while playing about the automobile in search of a soldier hat.

Of course, we must start with the proposition that parents are not liable for the torts of their children. Next, no claim of agency is made. Consequently, on .the theory of foreseeability, it is charged and claimed that the .conduct of the defendants was such that their personal…