Todd

Here we decide whether parents are liable in tort because their adult son negligently shot a cousin with his own firearm. The victim, David Todd, appeals from a summary judgment entered in favor of respondents, David Dow and Carol Dow (parents). The issue presented is whether parents breached a duty of care by not controlling their son’s use of a firearm. We affirm the grant of summary judgment.

This action stems from a shooting that took place in San Luis Obispo. On August 22, 1989, Dennis Dow (Dennis) took his Springfield rifle that was stored at his parents’ house in Sonoma County and drove several hundred miles to San Luis Obispo to visit appellant. Dennis (age 24) and appellant (age 27) were cousins and close friends. Both collected firearms.

On August 23, 1989, Dennis and appellant decided to go target shooting. Dennis lined up 19 firearms in appellant’s bedroom. When appellant returned from work, Dennis and appellant engaged in mock hand-to-hand combat, each holding a rifle with a bayonet attached. As Dennis lowered his Springfield 30.06 rifle, it discharged resulting in appellant’s paraplegia.

Appellant filed a complaint for personal injuries against Dennis,…