Does "family purpose doctrine" apply in Texas?

The common tort for a parent's civil liability is known as a claim for "negligent parental entrustment of a motor vehicle". The basis for such a claim is two-fold. First, the parent must have exercised some control over the vehicle. Second, the parent must know of a child's tendency to drive recklessly.

The fact that a parent owns a vehicle under many state court decidions, Texas among them, is not enough to qualify under the claim of negligent parental entrustment.  In fact, many courts throughout the nation have stated that a parent may have to be physically present while the child was operating the vehicle in order to hold the parent liable for negligent entrustment of a motor vehicle.   In addition, with respect to a parent's knowledge of a child's propensity to drive recklessly, some courts have ruled that a parent's knowledge of prior traffic accidents may not qualify as knowledge.  Courts have ruled that the existence of prior motor vehicle accidents involving teenagers does not necessarily reflect knowledge by the parents of a tendency to drive recklessly.

Because these type claims are very fact specific, and the law is always changing, you should consult with an attorney as to all of this.

Note:  Parents should be aware they can be held liable for alcohol consumption by a child under the age of 21 which causes injury to others. The Texas courts are very specific that parents can be held civilly liable where they furnish alcohol to the minor.