The answer to your question is yes. Typically, you, as the parent, would sue the other party "as the next friend and legal guardian" of your child. The real issue is whether you would ever be able to collect on a judgment should you prevail at trial. Usually, minors do not have money or assets to satisfy the judgment, but their parents might.

Generally, minors are civilly liable for their own torts under Texas law. Their parent, however, can be liable for the acts of their child in certain circumstances such as:

• when the parent and child had an employer-employee relationship;
• the parent and child were engaged in a joint enterprise;
• the child caused property damage and the parent would be liable under Section 41.001 of the Texas Family Code; or
• the parent is liable under a contract for necessaries.

It is always a good idea to consult with a local attorney to learn about the laws that apply to your specific situation and what your options may be. I wish you the best.