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Question: Are parents’ responsible for an accident caused by an e bike driven by their children?

A parent may be liable where the parent has knowledge of the child’s propensity for violent conduct and fails to control the child.” The tort of negligent entrustment and negligent supervision applies where

 1. Parent fails to supervise a child with a known propensity toward vicious conduct or

 2. Entrusts a child with a dangerous instrument.” Brahm v. Hatch 203 AD2d 640, 641 (1994), Gordon v. Harris 86 AD 2d 948, 949, 448 NYS 2d 598 (1982) Cited in  Dampier v Brasmeister, 185 AD3d 1249 [3d Dept 2020])   https://plus.lexis.com/api/permalink/84e5a5e1-3251-4dc1-92e4-e7e4bb0fb460/?context=1530671

The key question in these cases is whether the parent is “creating an unreasonable risk of harm to plaintiff by negligently entrusting a “dangerous instrument “to the child.

A. Is an e bike considered a dangerous instrument?

E bikes are not considered dangerous instruments by themselves if they have operable pedals, do not exceed speeds of 25 mph or 20 mph in cities and have a motor less than 750 watts. See VTL 102c.

• A bicycle that is no more than thirty-six inches wide and has an electric motor of less than seven hundred fifty watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements of one of the following three classes:
  • (a) "Class one bicycle with electric assist." A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of twenty miles per hour.
  • (b) "Class two bicycle with electric assist." A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty miles per hour.
  • (c) "Class three bicycle with electric assist." Solely within a city having a population of one million or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty-five miles per hour.
• VTL § 125, added effective April 3, 2020, provides that the definition of what constitutes a motor vehicle now includes bicycles with electric assist as defined in VTL § 102-c, and electric scooters as defined in VTL § 114-e.

• A bicycle with electric assist does not qualify for registration as a motorcycle, limited-use motorcycle, moped, or ATV and does not have the same equipment.

However, there are many restrictions about when they may be operated on a city street. 

In some cases, the law does hold a parent liable if a child under the age of 16 is operating a bicycle or a scooter without a helmet. 

See: 

New York State Vehicle and Traffic Law, Section 1238, Part 8 (d) parents may be given a summons if a child under 16 is not wearing a helmet and a helmet is required:

“(b) A police officer shall only issue a summons for a violation of subdivision five-c of this section by a person less than sixteen years of age to the parent or guardian of such person if the violation by such person occurs in the presence of such person's parent or guardian and where such parent or guardian is eighteen years of age or more. Such summons shall only be issued to such parent or guardian and shall not be issued to the person less than sixteen years of age.”

A parent was not liable for damages to a pedestrian when she was injured by a five year old riding her bicycle on the sidewalk. The child knew how to ride a bike, was riding for two years prior to the incident and the bicycle was not considered a dangerous instrument. Santalucia v. County of Broome 205 A.D.2d 969, 613 N.Y.S.2d 774 (1994).

However, in an accident involving an all terrain vehicle, (ATV), driven by a seventeen year old, where the parents permitted their child to ride the ATV, knew he was doing "wheelies" the court held that the ATV was a dangerous instrument and it was for the jury to decide whether the  conduct was reckless. " the evidence was legally sufficient for the jury to determine that Persico created an unreasonable risk of harm to plaintiff by negligently entrusting the ATVs to his son, whose use of the vehicles involved lending one of the ATVs to Smith, another minor. “Rios v. Smith  95 NY2d 647, 744 NE2d1156 (2001) 

In California, an 81 year old mother is being charged with manslaughter, after giving her 14 year old son a Surron e-motorcycle which he was using to perform wheelies and hit a man, causing his death. Ding, Jaimie. “California Woman Charged in Death of a Man Killed by Her Son’s Motorcycle.” AP News, May 1, 2026.   The City of Dublin, Ohio recently legislated that parents of children who drive “micro mobility devices” may be liable for their behavior if they drive recklessly. They further require that all riders under the age of 16 wear helmets.  

In New York State, we don’t have legislation yet specifically legislating the parent’s responsibility to others when their children don’t comply with the regulations about ebikes, but insurance companies are trying to argue for comparative liability where children do not where helmets or are riding e bikes or bicycles in unsafe methods and possibly harm to others.

In conclusion, your specific question would depend on the type of vehicle you are questioning, whether the vehicle would be considered a dangerous instrument, where the vehicle was being driven and whether the parent knew whether the child was known to have reckless or dangerous behavior which would cause the child to not be able to drive the vehicle in a safe and responsible manner.

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