Evangelical United Brethren Church, 67 Wn.2d at 259-60. See also Eldredge v. Kamp Kachess Youth Servs., Inc., 90 Wn.2d 402, 408, 583 P.2d 626 (1978) ("As the court's agent, the standard of care imposed upon Kamp is that of a parent."). And see, e.g., Camp v. Gregory, 67 F.3d 1286, 1297 (7th Cir. 1995); P.G. v. Dep't of Health Human Servs., Div. of Family Youth Servs., 4 P.3d 326, 332 (Alaska 2000); E.P. v. Riley, 1999 SD 163, 604 N.W.2d 7, 12; Calabria v. State, 289 N.Y. 613, 43 N.E.2d 836 (1942).
A plaintiff must present evidence that the "(1) the child has a dangerous proclivity; (2) the parents know [or should have known] of the child's dangerous proclivity; and (3) they fail to exercise reasonable care in controlling that proclivity." Barrett v. Pacheco, 62 Wn. App. 717, 722, 815 P.2d 834 (1991); accord Eldredge v. Kamp Kachess Youth Servs. Inc., 90 Wn.2d 402, 583 P.2d 626 (1978); 16 David K. DeWolf Keller W. Allen, Washington Practice: Tort Law and Practice § 3.21 at 137 (3d ed. 2007). Paulson contends the trial court erred in giving the instruction because the case law it relied on only applies to claims involving intentional torts.
For example, in two cases, knowledge was proven. See Eldredge v. Kamp Kachess Youth Servs., Inc., 90 Wn.2d 402, 404, 583 P.2d 626 (1978); Norton v. Payne, 154 Wn. 241, 245, 281 P. 991 (1929). The RESTATEMENT OF TORTS favors the objective standard, providing that a parent is liable for the torts of his or her child when the parent "(a) knows or has reason to know that he [or she] has the ability to control [the] child, and (b) knows or should know of the necessity and opportunity for exercising such control."
[3] Under the doctrine of negligent supervision, parents are liable for the intentional torts of their minor children when: (1) the child has a dangerous proclivity; (2) the parents know of the child's dangerous proclivity; and (3) they fail to exercise reasonable care in controlling that proclivity. Norton v. Payne, 154 Wn. 241, 244-45, 281 P. 991 (1929); Eldredge v. Kamp Kachess Youth Servs., Inc., 90 Wn.2d 402, 408, 583 P.2d 626 (1978); Carey v. Reeve, 56 Wn. App. 18, 22, 781 P.2d 904 (1989). The Restatement (Second) of Torts § 316 (1965) provides that a parent is liable for the torts of his or her child when the parent "(a) knows or has reason to know that he has the ability to control his child, and (b) knows or should know of the necessity and opportunity for exercising such control."
See Costello v. Hart, 23 Cal.App.3d 898, 100 Cal.Rptr. 554 (1972); Duncan v. Rzonca, 133 Ill. App.3d 184, 88 Ill.Dec. 288, 478 N.E.2d 603 (1985).See Eldredge v. Kamp Kachess Youth Servs., Inc., 90 Wn.2d 402, 583 P.2d 626, 630 (1978) (en banc) (affirming verdict against program for troubled youth from which three boys ran away, stealing and damaging a car, and which, when the boys were returned after ten days, reassigned them to the same unguarded facility, whence they again escaped three days later, stealing and damaging another car, because record was "devoid of evidence indicating [any] increased supervision of the boys during the 3 days" after their return); Norton v. Payne, 154 Wn. 241, 281 P. 991, 992-93 (1929) (reversing nonsuit taken after evidence because mother had testified that father not only had not tried to restrain daughter, but had actually encouraged her in habit of hitting other children with sticks). The few opinions besides Marx in group (c), evaluating whether parental efforts were reasonable, suggest that a good-faith attempt to correct misconduct as it occurs is enough.
However, those courts specifically adopting a parental duty to warn of children's dangerous propensities have narrowed the duty even further and limited the application thereof to only situations where the parents are aware of the child's known, habitual, dangerous propensity. Eldredge v. Kamp Kachess, 90 Wn.2d 402, 583 P.2d 626 (1978); Cooper v. Meyer, 50 Ill. App.3d 69, 365 N.E.2d 201 (1977); Parsons v. Smithey, 109 Ariz. 49, 504 P.2d 1272 (1973); Caldwell v. Zaher, 344 Mass. 590, 183 N.E.2d 706 (1962); Preston v. Duncan, 55 Wn.2d 678, 349 P.2d 605 (1960); Gissen v. Goodwill, 80 So.2d 701 (Fla. 1955); Martin v. Barrett, 120 Cal.App.2d 625, 261 P.2d 551 (1953); Ellis v. D'Angelo, 116 Cal.App.2d 310, 253 P.2d 675 (1953); Zuckerberg v. Munzer, 277 A.D. 1061, 100 N.Y.S.2d 910 (1950); Condel v. Savo, 350 Pa. 350, 39 A.2d 51 (1944); Johnson v. Butterworth, 180 La. 586, 157 So. 121 (1934), overruled on other grounds, Turner v. Bucher, 308 So.2d 270 (La. 1975); Norton v. Payne, 281 P. 991 (Wash. 1929). Compare Hackett v. Schmidt, 630 So.2d 1324 (La. App. 1993).
Other jurisdictions have held similarly. See Alioto v. Marnell, 402 Mass. 36, 520 N.E.2d 1284 (1988); Eldredge v. Kamp Kachess Youth Services, Inc., 90 Wn.2d 402, 583 P.2d 626 (1978); Cooper v. Meyer, 50 Ill.App.3d 69, 7 Ill.Dec. 916, 365 N.E.2d 201 (1977); Parsons v. Smithey, 109 Ariz. 49, 504 P.2d 1272 (1973); Linder v. Bidner, 50 Misc.2d 320, 270 N.Y.S.2d 427 (1966); Gissen v. Goodwill, 80 So.2d 701 (Fla. 1955); Ellis v. D'Angelo, 116 Cal.App.2d 310, 253 P.2d 675 (1953). In support of their motion for summary judgment, the defendants filed the affidavit of Mr. Studer and Mr. Seager.
DSHS by court order had legal custody of Harrell and retained ultimate custodial responsibility. The County contends that Eldredge v. Kamp Kachess Youth Servs., Inc., 90 Wn.2d 402, 583 P.2d 626 (1978) supports its position that Group Homes had "custody" of Harrell sufficient to assess detention fees against it pursuant to RCW 13.16.085. Kamp operated a group child care facility. As part of its operations Kamp contracted with DSHS to provide care for children referred either from juvenile court or DSHS. Two children escaped from Kamp and caused damage to property of a third party.
mon carrier has duty to protect passengers); Rawson v. Massachusetts Operating Co., 328 Mass. 558, 560 (1952) (theater owner has duty to protect patrons). See also International Distrib. Corp. v. American Dist. Tel. Co., 569 F.2d 136, 139 (D.C. Cir. 1977) (employer's duty to foreseeable plaintiff for failure to supervise employees); Keating v. Jones Dev. of Mo., Inc., 398 F.2d 1011, 1014-1015 (5th Cir. 1968) (motel owner's duty to prevent harm to guest by third party in swimming pool on premises); Wanca v. Penn Indus., Inc., 260 F.2d 350 (2d Cir. 1958) (employer's duty to protect bystander from dangerous employee); Bradley Center, Inc. v. Wessner, 250 Ga. 199, 201-202 (1982) (private mental hospital's duty to protect foreseeable plaintiff from patient); Stalzer v. European Am. Bank, 113 Misc.2d 77, 81-83 (N Y Civ. Ct. 1982) (bank's duty to protect patrons); Nolechek v. Gesuale, 46 N.Y.2d 332, 340 (1978) (parent's duty to protect third parties from child's use of dangerous instrument); Eldredge v. Kamp Kachess Youth Serv., Inc., 90 Wn.2d 402, 408 (1978) (group child care facility's duty to control acts of delinquent children). Such a duty to prevent harm to another caused by a third person has been recognized for public employees as well as private individuals.
We will not consider issues raised for the first time on appeal. Eldredge v. Kamp Kachess Youth Serv., Inc., 90 Wn.2d 402, 583 P.2d 626 (1978); Martin v. Municipality of Metro. Seattle, 90 Wn.2d 39, 42, 578 P.2d 525 (1978). Whether arbitration is the proper procedure by which to determine damages is a matter that initially must be resolved by the trial court.