Examples of Parental Liability State Laws

Anyone with experience raising children will agree that kids don’t always make the best choices. Sometimes, they do things that get themselves and their parents in trouble. For example, if your 13-year-old son takes your car in the middle of the night and gets into an accident, you may be liable for any injuries that occur.

While parents can’t always control what their kids do, that doesn’t mean they’re immune from parent liability when their children cause property damage or personal injury. Every state has parental responsibility laws that hold parents responsible for their children’s behavior.

In certain situations, parents can be civilly or criminally liable for their children’s actions. Parental liability laws vary from state to state. This article explains the legal concepts behind parental liability laws and discusses examples from selected states.

Legal Foundation for Parental Liability

Many states operate under tort law regarding parents and civil liability for their children’s actions. A tort is a wrongful act that causes harm to another person or damages their property. It generally involves some form of negligence.

Under the common law, the best person to absorb the cost of injuries caused by young people’s actions is their parents. For instance, it wouldn’t be fair to hold the victim financially responsible for medical bills caused by the minor’s acts.

Courts today rely on the common law concept of vicarious liability when deciding whether a parent should be liable for their child’s intentional torts.

For example, if a child steals a necklace from a jewelry store, the store’s owner will want to pursue a civil claim or criminal charges. Since they cannot collect damages from a minor, it makes more sense for them to pursue the child’s parents.

Vicarious liability allows courts to hold parents liable for their children’s actions. At a minimum, this principle holds parents liable for negligent supervision. This is true even in cases where the parents were not directly involved or aware of these acts.

In New Jersey, for instance, parents face financial responsibility when a child causes damage to school property or engages in shoplifting.

The following sections highlight parental liability laws in certain states.

Are There Limits on Parental Liability?

Every state has laws regarding parental liability. Most of them are strict, with either unlimited liability or very high limits. For example, Hawaii has no limit on how much the courts can order a parent to pay if their child causes personal injury or property damage.

But, a handful of states limit a parent’s responsibility for their child’s civil or criminal acts. The states with the lowest dollar limits include:

• Alabama ($1,000 limit)
• Maine ($800 limit)
• Michigan ($2,500 limit)
• Missouri ($2,000 limit)
• Nebraska ($1,000 limit)
• North Carolina ($2,000 limit)
• Rhode Island ($1,500 limit)
• Wyoming ($2,000 limit plus court costs)

Other states may put a cap on damages, but the thresholds are much higher.

Select State Parental Liability Statutes

Almost all states have parental responsibility laws that hold parents or legal guardians liable for their children’s bad and negligent acts. This responsibility applies to personal injury, theft, shoplifting, property damage, vandalism, and other wrongful acts.

In general, you are not automatically liable for malicious acts done by your child. However, parental responsibility laws could make you accountable. As a parent, you can be liable for the damages caused by your child’s intentional acts.

The state laws discussed below may have dollar limits and specific conditions.

Arizona

Parents in Arizona are liable for their children’s intentional acts that injure others or damage their property.

The Arizona civil courts may charge parents up to $10,000 in damages. Sometimes, the parents may be legally responsible for the victim’s total damages.

California

Parents in California are responsible if they are aware of their child’s potential for misconduct. They can be held liable for damages caused by their child if:

• The parent signed the child’s driver’s license application
• The child drives the parent’s car with their knowledge and permission
• The child is guilty of willful misconduct
• The parents give the child ready access to a firearm

In cases where a child causes injury or death with a firearm, parents can be held liable for up to $60,000 in damages. For other torts, the damages are generally capped at $25,000.

Colorado

Colorado law imposes liability on parents for any willful or malicious personal injury or property damage their child causes. The courts will also hold the person who signs an affidavit of liability when the minor child applied for their driver’s license liable.

The dollar limit for personal injury or property damage is $3,500, plus court fees. Parents may also have to pay the other party’s attorney’s fees.

Florida

Florida law does not limit parental liability for damages from a motor vehicle accident or property damage due to vandalism, theft, or destruction of property.

Hawaii

Hawaii does not place a dollar limit on parents’ liability. This applies to the actual damages from motor vehicle accidents, tortious acts, and vandalism.

Illinois

Illinois law holds parents responsible for their child’s malicious or willful acts that cause damage to property or personal injury. The cap on parental liability in Illinois is $20,000.

Kansas

The general dollar limit on parental liability in Kansas is $5,000 plus court costs. However, parental liability is unlimited if the court finds the parents were negligent.

Massachusetts

Massachusetts law imposes liability on parents for the willful acts of their minor children. The dollar limit on the parent’s liability is $5,000

New York

In New York, parents are liable when their children "willfully, maliciously, or unlawfully" damage property. The cap on liability is $5,000 per incident.

Texas

In Texas, the courts impose liability on parents for acts of their children that are malicious, willful, or negligent acts that cause property damage.

For parents to be liable, the court must find parental negligence. If the child’s act is willful or malicious, there is a $25,000 cap on their parents’ liability. The plaintiff may also ask for costs and attorney’s fees.

Virginia

In Virginia, parents are liable for damages resulting from their minor’s negligence. They are also liable if their child maliciously or willfully destroys or damages private or public property.

If a parent allows a minor under 16 to drive, they’ll be liable for any damages resulting from a car accident. The dollar limit on parental liability in Virginia is $2,500.

Wisconsin

In Wisconsin, the dollar limit on parents’ liability for property damage, theft, and other tortious conduct is $5,000. The parents’ liability for damages to school property is $20,000 plus court costs.

The maximum recovery for retail theft depends on the value of the property plus exemplary and actual damages. Meanwhile, there is no limit on auto liability.

Age of Majority

States have different laws regarding the age of majority, which affects how long a parent is legally responsible for their child’s actions. In most states, the age of majority is 18. However, some states have different rules. For instance, in Alabama and Nebraska, the age of majority is 19. In Mississippi, the age of majority is 21.

Gun Laws and Parental Liability

Many states specify that a parent is liable for any injuries their child causes while using a gun or firearm. These state laws also indicate the liability limits for these cases.

For example, in Nevada, there is no dollar limit on parental liability in cases involving firearms.

Insurance Coverage and Parental Liability

Some states allow you to insure yourself against specific types of parental liability. Often, this coverage is available through your homeowner policy. Keep in mind that these insurance policies also have coverage limits.

Learn More About Your State’s Parental Liability Laws

Being a parent isn’t easy. Not only is it your duty to protect and care for your child, but you’re also responsible for what your kids do. If you or your child have legal concerns, consult a personal injury defense lawyer near you. They can explain your state’s parental liability laws and help ensure peace of mind.