{"id":351937,"date":"2016-04-04T10:46:10","date_gmt":"2016-04-04T15:46:10","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/parental-rights-and-liability\/parent-liability-selected-state-laws.html"},"modified":"2025-03-26T09:10:10","modified_gmt":"2025-03-26T14:10:10","slug":"parent-liability-selected-state-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/parental-rights-and-liability\/parent-liability-selected-state-laws.html","title":{"rendered":"Examples of Parental Liability State Laws"},"content":{"rendered":"\n
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Examples of Parental Liability State Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Parental liability is the legal responsibility imposed on parents for their children’s actions that cause harm or damage. State laws differ, with some imposing unlimited liability and others setting financial caps on damages. These laws are based on common tort law principles like negligence and vicarious liability. Some states impose higher penalties for certain acts, such as use of a firearm that results in injury or death.<\/p>\n\n <\/div>\n\n

Anyone with experience raising children will agree that kids don\u2019t 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.<\/p>\r\n

While parents can’t always control what their kids do, that doesn\u2019t mean they\u2019re immune from parent liability<\/a> when their children cause property damage or personal injury. Every state has parental responsibility laws that hold parents responsible for their children\u2019s behavior.<\/p>\r\n

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.<\/p>\r\n

Legal Foundation for Parental Liability<\/h2>\r\n

Many states operate under tort<\/a> law regarding parents and civil liability for their children\u2019s actions. A tort is a wrongful act that causes harm to another person or damages their property. It generally involves some form of negligence<\/a>.<\/p>\r\n

Under the common law, the best person to absorb the cost of injuries caused by young people\u2019s actions is their parents. For instance, it wouldn\u2019t be fair to hold the victim financially responsible for medical bills caused by the minor\u2019s acts.<\/p>\r\n

Courts today rely on the common law concept of vicarious liability<\/a> when deciding whether a parent should be liable for their child\u2019s intentional torts<\/a>.<\/p>\r\n

For example, if a child steals a necklace from a jewelry store, the store\u2019s 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\u2019s parents.<\/p>\r\n

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

In New Jersey, for instance, parents face financial responsibility when a child causes damage to school property or engages in shoplifting.<\/p>\r\n

The following sections highlight parental liability laws in certain states.<\/p>\r\n

Are There Limits on Parental Liability?<\/h2>\r\n

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<\/a> or property damage.<\/p>\r\n

But, a handful of states limit a parent\u2019s responsibility for their child\u2019s civil or criminal acts. The states with the lowest dollar limits include:<\/p>\r\n