{"id":351938,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/parental-rights-and-liability\/parental-civil-liability.html"},"modified":"2025-02-26T13:22:00","modified_gmt":"2025-02-26T18:22:00","slug":"parental-civil-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/parental-rights-and-liability\/parental-civil-liability.html","title":{"rendered":"Parental Civil Liability"},"content":{"rendered":"\n
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Parental Civil Liability<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Fawbush, 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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Each state has its own parental civil liability laws. These laws aim to hold parents civilly liable for their children’s harmful actions.  Parental civil liability is a form of vicarious liability.  <\/p>\n\n <\/div>\n\n

Parents supervise and otherwise provide control or direction to their minor children. <\/p>\r\n

Parental civil liability differs from parental criminal liability<\/a>. There are times when the law identifies a parent’s misconduct or behaviors as criminal acts. Examples include state crimes such as contributing to the delinquency of a minor or endangering a child.<\/p>\r\n

Civil liability exposes a parent to monetary damages and other civil remedies. Criminal liability exposes a parent to potential jail time and fines.<\/p>\r\n

Read on to learn more about parental civil liability and ways in which parents could be forced to pay damages for the actions of their children. You can also reach out to a family law attorney<\/a> for more direct support.<\/p>\r\n

How Do States Define a Minor Child?<\/h2>\r\n

States define the age of majority. Most set it at 18 years of age. Some set it at another age. Basically, anyone under the age of majority in a given state is a minor child.<\/p>\r\n

Ohio provides a good example. In Ohio<\/a>, a person who is 18 years old and not legally disabled is an adult and has reached the age of majority. However, in Nebraska, the age of majority is 19. Mississippi is the only state that sets the age of majority at 21. There may be reasons that a child will emancipate prior to the age of majority. For example, if a child marries prior to the age of majority, they are recognized as an adult.<\/p>\r\n

Can Someone Sue a Parent for Their Child’s Wrongdoing?<\/h2>\r\n

Yes, parents can be sued for their children’s harmful actions under the legal principle of vicarious liability. Vicarious liability means that the superior party can be held responsible for the actions of their agents or subordinates. For example, this principle is why employers may be responsible for the harmful actions of their employees.<\/p>\r\n

In a common scenario, the minor child causes property damage or an injury to someone. The parent did not directly commit the act in question. Yet, vicarious liability will extend to the parent based on parental supervision of the child and the child’s conduct.<\/p>\r\n

Avoiding Parental Liability<\/h3>\r\n

Once the child is of majority age (which in most states is 18), the child is no longer a minor and the parents are no longer liable. If a court has terminated parental rights<\/a> over a minor, the parent also won’t be liable for any acts of the minor. Termination of parental rights ends the legal parent-child relationship.<\/p>\r\n

Financial Responsibility for a Child\u2019s Actions<\/h2>\r\n

Parental responsibility laws in many states hold parents financially responsible for damages caused by their minor children. Damages may stem from personal injury or property damage that the child caused.<\/p>\r\n

Some states, however, place limits on the amount of exposure parents have under civil liability statutes. Parental civil liability laws vary from state to state, but many cover such acts as:<\/p>\r\n