Parental Responsibility Laws: 50-State Survey

When a child injures someone else or damages their property, the victim or property owner may wonder whether they can get compensation from the parents. To this end, each state has enacted parental responsibility statutes that make parents liable for harm caused by their children in certain situations. These laws provide an incentive for parents to carefully supervise kids and help them develop into mature, law-abiding adults. They generally complement rather than replace common-law theories of parental liability developed by courts. (Common-law parental liability tends to arise in a relatively narrow range of circumstances.)

Each parental responsibility statute defines the conduct that it covers differently, but usually they involve intentional acts by a child. The liability of a parent is often capped at a certain dollar amount in damages, although some states allow for the recovery of items like court costs and attorney fees. Most parental responsibility statutes apply to children under 18, but some apply only to narrower age ranges.

Joint and Several Liability

Parental responsibility laws often refer to the concept of “joint and several liability.” This means that both the parents and the child are responsible for the full amount of the damages caused by the child.

This survey summarizes the main parental responsibility statutes in each state, including applicable age ranges, damages caps, and covered conduct. It also describes some further statutes under which a parent may be held liable for harm caused by a child. If someone else's child damaged your property or injured you, or if your child caused property damage or injuries, you should talk to a personal injury attorney about the potential implications.

Alabama Parental Responsibility Laws

A parent, guardian, or other person who has care or control of a minor under the age of 18, lives with them, and has custody of them is liable for actual damages up to the amount above, plus court costs, when the intentional, willful, or malicious act of the minor causes property damage or destruction. (There is an exception for foster parents.)

Alaska Parental Responsibility Laws

Anyone may recover damages up to the amount above, plus court costs, from a parent when their unemancipated child destroys property as a result of a knowing or intentional act. (Legal guardians are exempt.) The damages recovered will be apportioned between parents without considering legal custody but while considering the actual care and custody provided by the parents. If a parent has an insurance policy that would provide compensation for this type of damages, and the policy has a limit greater than $15,000, the claimant may recover damages up to $25,000 or the policy limit, whichever is less.

In addition, Section 28.15.071 may make a parent or guardian liable for damage caused by the negligence or willful misconduct of their child in driving a vehicle if the parent signed their application for an instruction permit or driver’s license. However, if proof of financial responsibility for the minor’s driving is deposited as provided by statute, the parent or other adult who signs the application will not be liable while proof of financial responsibility is maintained.

Arizona Parental Responsibility Laws

An act of malicious or willful misconduct of a minor that causes personal injuries or property damage, including theft or shoplifting, will be imputed to the parents or legal guardian who have custody or control of the minor for the purposes of civil damages, regardless of whether the parents or guardian could have anticipated the misconduct. The parents or guardian are jointly and severally liable with the minor for actual damages up to the amount above.

In addition, Section 28-3160 provides that the negligence or willful misconduct of a minor when driving a vehicle on a highway is imputed to the person who signs the minor’s application for a permit or license, which is usually a parent or guardian. This makes them jointly and severally liable with the minor for damage caused by their negligence or willful misconduct. However, they are not liable during the time when proof of financial responsibility is maintained by the minor or on their behalf as provided by statute.

Arkansas Parental Responsibility Laws

Anyone can recover damages up to the amount above from the parents of a minor living with a parent or legal guardian when the minor maliciously or willfully destroys, damages, or defaces property belonging to the claimant. (There is an exception for a child under 13 who defaces property with graffiti.)

In addition, Section 27-16-702 provides that negligence or willful misconduct by a minor under 18 when driving a vehicle on a highway is imputed to the person who signed the minor’s application for a permit or license, which is usually a parent or guardian. This makes that person liable with the minor for damages caused by their negligence or willful misconduct. Moreover, if someone who is required or authorized to sign the application of a minor causes or permits their child or ward to drive a vehicle on a highway, any negligence or willful misconduct by the minor is imputed to that person, and they will be liable with the minor for resulting damages. (There is an exception for foster parents.)

California Parental Responsibility Laws

An act of willful misconduct by a minor that causes injuries, death, or property damage is imputed to the parent or guardian who has custody and control of the minor for the purposes of civil damages. The parent or guardian is jointly and severally liable with the minor for damages. The joint and several liability of the parent or guardian is capped at the amount above, and imputed liability in a personal injury case is limited to medical, dental, and hospital expenses, capped at the amount above. This amount is adjusted every two years to reflect any increases in the cost of living. An insurer is not liable for the conduct imputed to a parent or guardian for any amount over $10,000.

The statute separately provides that any act of willful misconduct by a minor that results in the defacement of property with paint or a similar substance is imputed to the parent or guardian for the purposes of civil damages, including court costs and attorney’s fees. The parent or guardian is jointly and severally liable with the minor for damages resulting from the willful misconduct, capped at the amount above. The same rules about cost-of-living adjustments and insurer liability apply. (Similarly, Government Code Section 38772 makes a parent or guardian who has custody and control of a minor jointly and severally liable with the minor when they cause a nuisance by defacing property by graffiti or other inscribed material. A local government may make the expense of abating the nuisance a lien against the property of the parent or guardian and a personal obligation against them.)

In addition, Civil Code Section 1714.3 provides that civil liability for injuries or property damage caused by the discharge of a firearm by a minor under 18 is imputed to a parent or guardian who has custody and control of the minor for the purposes of civil damages. They will be jointly and severally liable with the minor for these damages if they permitted the minor to have the firearm or left it in a place that was accessible to the minor. Liability in these cases is capped at $30,000 for injury or death to one person in one occurrence, or $60,000 for injury or death to multiple people in one occurrence.

Vehicle Code Section 17707 provides that the civil liability of a minor arising out of driving a vehicle on a highway before they reach the age of majority is imposed on the person who signed and verified the minor’s application for a license, which is usually a parent or guardian. That person will be jointly and severally liable with the minor for damages resulting from their negligent or wrongful act or omission in driving a vehicle. Section 17708 also provides that any civil liability of a minor arising out of driving a vehicle on a highway with the express or implied permission of their parents or guardian is imposed on the parents or guardian, who will be jointly and severally liable with the minor for damages resulting from their negligent or wrongful act or omission in driving a vehicle. Under Section 17709, this liability is capped at $15,000 for injury or death to one person in one accident, $30,000 for injury or death to multiple people in one accident, or $5,000 for property damage in one accident. A parent or guardian is not liable for exemplary or punitive damages imposed on the minor.

(Under Section 17705, if someone who is required to sign and verify the application of a minor gives their written consent, the DMV may accept an application that is signed and verified only by the minor and accompanied by proof of financial responsibility as defined by statute. Giving consent does not alone make a person subject to liability under Sections 17707 and 17708.)

Separately, Section 17150 provides that a vehicle owner is liable for injuries, death, or property damage caused by a negligent or wrongful act or omission in driving the vehicle by anyone who is using or operating the vehicle with the express or implied permission of the owner. This could make a parent liable for accidents caused by their child while driving a car owned by the parent.

Colorado Parental Responsibility Laws

Anyone is entitled to recover actual damages capped at the amount above, in addition to court costs and reasonable attorney fees, from the parents of a minor living with them who maliciously or willfully damages or destroys property. Moreover, anyone is entitled to recover damages from the parents of a minor living with them who knowingly causes bodily injury to the claimant, capped at the amount above in addition to court costs and reasonable attorney fees.

In addition, Section 31-21-107.5 provides that parents or a guardian with custody or parental responsibilities regarding an unemancipated minor who takes possession of merchandise from a store without consent, without paying the purchase price, and with the intention of converting the merchandise to their own use (i.e., shoplifting) will be civilly liable to the owner for actual damages plus a penalty of $100 to $250. Civil liability under this law is not subject to the limitations provided by Section 13-21-107.

Section 42-2-108 requires an application of a person under 18 for an instruction permit or a minor driver’s license to be accompanied by either proof of financial responsibility as defined by statute or an affidavit of liability signed and verified by a parent, guardian, or certain other qualified adults. Any negligence or willful misconduct by a minor under 18 who drives a vehicle on a highway is imputed to the person who signed the affidavit of liability. This person will be jointly and severally liable for damages caused by the minor’s negligence or willful misconduct. While proof of financial responsibility is maintained, on the other hand, a parent or guardian is not subject to liability.

Connecticut Parental Responsibility Laws

The parents or guardian of an unemancipated minor are jointly and severally liable with the minor when they willfully or maliciously cause property damage or personal injury, or take a vehicle without the permission of its owner and then cause damage to the vehicle, if the minor would have been liable if they were an adult. “Damage” includes depriving someone of their property or vehicle, or of its use, possession, or enjoyment.

Separately, Section 52-182 provides that proof that the driver of a vehicle was the spouse, parent, or child of the vehicle owner raises a presumption that the vehicle was being operated as a family car within the scope of a general authority from the owner. This could make a parent liable for accidents caused by their child while driving a car owned by the parent.

Delaware Parental Responsibility Laws

Anyone is entitled to recover damages up to the cap above from the parents or guardians of a minor living with the parents when the minor intentionally or recklessly destroys or damages property.

In addition, 21 Delaware Code Section 6104 provides that the negligence of a minor under age 18 in driving a vehicle on a Delaware highway is imputed to any person who signed the license application on behalf of the minor, which is usually a parent or guardian. That person is jointly and severally liable with the minor for damages resulting from their negligence. Meanwhile, Section 6105 provides that a vehicle owner who causes or knowingly permits a minor under the age of 18 to drive the vehicle on a highway, as well as anyone who provides a vehicle to a minor, is jointly and severally liable with the minor for any damages caused by their negligence in driving the vehicle. The negligence of the minor is imputed to the owner or the person who provided the vehicle for the purposes of civil damages.

Florida Parental Responsibility Laws

Anyone may recover damages from the parents of a minor living with them when the minor maliciously or willfully destroys or steals property. The recovery is limited to actual damages and taxable court costs.

In addition, Section 322.09 provides that the application for a driver’s license of a person under the age of 18 must be signed and verified by a parent or guardian. Any negligence or willful misconduct by a minor under 18 when driving a vehicle on a highway is imputed to the person who signed the minor’s application. That person is jointly and severally liable with the minor for damages caused by their negligence or willful misconduct.

Georgia Parental Responsibility Laws

A parent or guardian who has custody and control over a minor child under the age of 18 is liable for damages up to the amount above, plus court costs, for the willful or malicious acts of the minor child that result in reasonable medical expenses, property damage, or both. The statute notes that it does not restrict any remedies under other statutes or the common law.

In addition, Section 51-2-2 makes any person liable for torts committed by their child by their command or within the scope of their business, whether the torts are committed negligently or voluntarily.

Hawaii Parental Responsibility Laws

The parents of unmarried minor children are jointly and severally liable in damages for tortious acts committed by the children. They are also jointly and severally entitled to prosecute and defend actions in which the children or their individual property may be concerned.

More specifically, under Section 577-3.5, the parents or legal guardians of a minor child are jointly and severally liable for graffiti damage caused by the minor to property, whether publicly or privately owned. If a minor is found to have committed an act constituting graffiti, the court will require the minor or their parents or legal guardians to remove the graffiti within 60 days and pay for the cost of paint and materials, or pay for the actual cost of having the damaged property repaired or replaced. (This does not affect any civil lawsuit based on graffiti damage.)

In addition, Section 286-112 provides that the application of a person under 18 for an instruction permit, provisional license, or driver’s license must be signed and verified by a parent or guardian in most situations. Any negligence or misconduct by a minor under 18 when driving a vehicle on a highway is imputed to the person who signed the application. They will be jointly and severally liable with the minor for damages caused by their negligence or misconduct.

Idaho Parental Responsibility Laws

Anyone may recover damages up to the amount above from the parents of a minor under the age of 18 who is living with the parents and willfully causes economic loss to someone else. (A parent includes anyone who has legal custody of the minor.) Economic loss includes items such as property damage, lost wages, and medical expenses but does not include less tangible damages like pain and suffering, wrongful death, or emotional distress.

In addition, Section 49-310 provides that the application of a person under 18 for a class D instruction permit, restricted driver’s license, restricted school attendance driving permit, driver training instruction permit, or driver’s license must be signed and verified by a parent or guardian in most situations. Any negligence or willful misconduct of the minor when operating a vehicle on a highway then will be imputed to the person who signed the application, and they will be jointly and severally liable with the minor for damage caused by their negligence or willful misconduct. However, if proof of financial responsibility is maintained by the minor or on their behalf, the parent or guardian who signed the application will not be subject to liability for the negligence or willful misconduct of the minor while that proof is maintained.

Separately, Section 49-2417 provides that a vehicle owner is liable for injuries, death, or property damage caused by negligence in the operation of the vehicle by anyone who is using or driving the vehicle with the express or implied permission of the owner. The negligence of the driver is imputed to the owner for the purposes of civil damages. (However, the liability of the owner under this statute is limited to their liability insurance limits, or to the required amounts for proof of financial responsibility for a vehicle under state law if that is greater.) This could make a parent liable for an accident caused by their child while driving a car owned by the parent.

Illinois Parental Responsibility Laws

A parent or legal guardian of an unemancipated minor who lives with them is liable for actual damages for the willful or malicious acts of the minor that cause injury to a person or property, as well as taxable court costs and reasonable attorney’s fees. (Attorney’s fees are capped at $15,000 if the plaintiff is a governmental unit.) Damages in personal injury lawsuits are limited to medical, dental, and hospital expenses, as well as expenses for treatment by Christian Science practitioners and nursing care. The statute notes that it does not affect the recovery of damages under a common-law theory.

In addition, 720 Illinois Compiled Statutes Section 5/21-1.2 creates a felony called “institutional vandalism” and provides that a person suffering property damage or personal injury as a result of institutional vandalism may bring a civil action for damages or other relief. The parents or legal guardians of an unemancipated minor are liable for the amount of any judgment for actual damages rendered against the minor under this law, capped at the amount above.

Similarly, if a minor commits any of certain forms of retail theft as defined in Section 5/16-25, their parents or guardian will be liable under Section 5/16-27. (A conviction or guilty plea is not required to bring a civil lawsuit.) The award may consist of actual damages equal to the full retail value of the merchandise, plus an amount between $100 and $1,000, plus attorney’s fees and court costs. However, the total amount must not exceed the maximum amount above. For the purposes of this statute, a minor is someone who is under 19, unemancipated, and living with a parent or legal guardian.

Indiana Parental Responsibility Laws

A parent is liable for actual damages, capped at the amount above, arising from harm to a person or damage to property that was knowingly, intentionally, or recklessly caused by the parent’s child if the parent has custody of the child, and the child is living with the parent.

Section 34-31-4-2 provides that when a child is a member of a criminal organization, and a parent actively encourages or knowingly benefits from the child’s involvement, the parent may be liable for actual damages arising from harm to a person or property intentionally caused by the child while participating in a criminal organization activity. The parent must have custody of the child, who must be living with them, and the parent must have failed to use reasonable efforts to prevent the child’s involvement in the criminal organization.

Finally, Section 9-24-9-4 provides that someone who signs a minor’s application for a permit or driver’s license, who is generally a parent or guardian, agrees to be responsible jointly and severally with the minor for any injury or damage that they cause due to operating a vehicle if the minor is liable.

Iowa Parental Responsibility Laws

  • Key law: Iowa Code Section 613.16
  • Age range: Under 18
  • Damages cap: $2,000 for one act; $5,000 to the same claimant for multiple acts

A parent is liable for actual damages to person or property caused by the unlawful acts of an unemancipated minor. (There is an exception for a parent who is not entitled to legal custody of the child at the time of the act.)

Separately, Section 321.493 provides that a vehicle owner is liable for damage caused by the vehicle due to the negligence of its driver if it was driven with the consent of the owner. This could make a parent liable for an accident caused by their child while driving a car owned by the parent.

Kansas Parental Responsibility Laws

A person who suffers bodily injury or anyone whose property has been damaged or destroyed may recover damages from the parents of a child who lives with them if the child maliciously or willfully injured the person or damaged or destroyed the property. In addition to actual damages, capped at the amount above, a plaintiff may recover taxable court costs. If the court or jury finds that the malicious or willful act of the minor resulted from parental neglect, the damages cap does not apply. Damages for bodily injury are limited to actual medical expenses.

In addition, Section 8-222 provides that a vehicle owner who causes or knowingly permits a minor under 16 to drive the vehicle on a highway, as well as anyone who provides a vehicle to a minor under 16, is jointly and severally liable with the minor for damages caused by their negligence in driving the vehicle.

Kentucky Parental Responsibility Laws

If an unemancipated minor is found liable for willfully marking, defacing, or damaging any property, a parent or guardian who has the minor in their care and custody is liable for the payment of that judgment up to the $2,500 amount above if the parent or guardian has been joined as a defendant in the original action. A parent or guardian will not be liable in a cumulative amount beyond the $10,000 amount above for the willful marking, defacing, or damaging of property by a child when repeated incidents occur. However, this statute does not limit the liability for damages of a person to whom the negligence of a minor is imputed under the driving liability statute.

Section 186.590, the driving liability statute, provides that the negligence of a minor under 18 when driving a vehicle on a highway is imputed to the person who signed the minor’s application for the license, which is usually a parent or guardian. They are jointly and severally liable with the minor for damages caused by their negligence. (If a minor has two parents, and one parent signs the application, the other parent generally is also responsible.) However, if proof of financial responsibility is deposited for the minor, the person who signed the application will not be subject to this liability while this proof is maintained.

The statute also provides that a vehicle owner who causes or knowingly permits a minor under 18 to drive the vehicle on a highway, as well as anyone who provides a vehicle to a minor, is jointly and severally liable with the minor for damage caused by their negligence in driving the vehicle.

Louisiana Parental Responsibility Laws

Parents are responsible for damage caused by a minor child who lives with them or has been placed by them under the care of other people. (They may have legal recourse against those people in this situation.) However, parents are not responsible if their minor child has been emancipated through marriage, a judgment of full emancipation, or a judgment of limited emancipation that specifically removes this liability. A tutor (guardian) of a child has the same responsibility.

In addition, Louisiana Revised Statutes Section 32:417 provides that someone who causes or knowingly permits an unlicensed minor under 17 to drive a vehicle, as well as a vehicle owner who knowingly provides a vehicle to an unlicensed minor under 17, is jointly and severally liable for damages caused by the negligence or willful misconduct of the minor while driving the vehicle.

Maine Parental Responsibility Laws

If a minor in the age range above willfully or maliciously causes property damage or personal injury, the parents or legal guardians of the minor are jointly and severally liable with the minor if the minor would have been liable if they were an adult, and if the minor lives with the parents or legal guardians.

Under 29-A Maine Revised Statutes Section 1651, a vehicle owner who knowingly permits a minor to operate that vehicle is jointly and severally liable with the minor for damage caused by their negligence in operating the vehicle.

Maryland Parental Responsibility Laws

A court may order a child’s parent to pay restitution for a child’s criminal or delinquent acts, or may order both the parent and the child to pay restitution. However, a court may not enter a judgment of restitution against a parent unless they have had a reasonable opportunity to be heard and present evidence.

Massachusetts Parental Responsibility Laws

The parents of an unemancipated child in the age range above are liable for a willful act committed by the child that results in injury, death, or property damage. However, liability does not extend to a parent who does not have custody of the child at the time. Damages are limited to the amount of proved loss or damage.

Michigan Parental Responsibility Laws

A parent of an unemancipated minor who lives with them may be liable up to the cap above if the minor maliciously or willfully destroys property or maliciously or willfully causes bodily harm or injury to a person.

Separately, Section 257.401 provides that a vehicle owner is liable for an injury caused by the negligent operation of the vehicle if it is driven with their express or implied consent or knowledge. This is presumed if the vehicle is driven by an immediate family member of the owner, such as a spouse, parent, sibling, or child. Thus, a parent could be liable for an accident caused by their child while driving a car owned by the parent.

Minnesota Parental Responsibility Laws

A parent or guardian of a child who is living with the parent or guardian is jointly and severally liable with the minor if they willfully or maliciously cause injury to a person or damage to property, if the minor would have been liable for the injury or damage if they had been an adult. Damages are limited to special (economic) damages, so items such as pain and suffering or emotional distress may not be recovered. Under Section 604.14, which covers civil liability for theft, a parent or guardian is liable for the theft of a minor as they are under the main parental responsibility statute, but compensation is not limited to special damages.

Section 611A.79 provides that the main parental liability statute applies to civil claims arising from bias offenses by a minor. However, the parent or guardian will be liable for all types of damages available under Section 611A.79, up to a $5,000 cap. They are not liable if they made reasonable efforts to exercise control over the minor’s behavior.

Separately, Section 169.09 provides that a driver of a vehicle is considered to be the agent of the vehicle owner when an accident happens while the driver operates the vehicle with the express or implied consent of the owner. This could make a parent liable for an accident caused by their child while driving a car owned by the parent.

Mississippi Parental Responsibility Laws

A property owner may recover damages up to the amount above, plus necessary court costs, from the parents of a covered child who maliciously and willfully damaged or destroyed property belonging to the plaintiff. A parent is not liable if their parental custody and control of the child have been removed by court order or decree.

Under Section 97-15-1, the parents of a minor who willfully causes various types of harm to a milepost, signboard, index board, road number, railroad crossing sign or flasher signal, or other traffic control device will be liable for the actual cost of replacing or repairing the sign, signal, or device. (The same rule applies if a minor willfully defaces, mars, or damages a bridge, underpass, or overpass.)

In addition, Section 63-1-25 provides that the negligence or willful misconduct of a minor under 17 when driving a vehicle on a highway is imputed to the person who signed the minor’s application for a permit or license, which is usually a parent or guardian. This person is jointly or severally liable with the minor for damages caused by their negligence or willful misconduct.

Missouri Parental Responsibility Laws

A parent or guardian of an unemancipated minor in their care and custody is liable for the payment of a judgment against the minor for purposely marking, defacing, or otherwise damaging property, or purposely causing a personal injury, if the parent or guardian has been joined as a defendant in the original action. (There is an exception for foster parents.) The judge also may order the parent or guardian to work for the property owner or injured person instead of payment if all the parties agree.

Montana Parental Responsibility Laws

Anyone is entitled to recover damages up to the amount above from the parents of a child who lives with them if the child maliciously or willfully destroys property belonging to the plaintiff. They also may recover taxable court costs and reasonable attorney fees up to $1,800.

In addition, Section 61-5-108 provides that the application of someone under 18 for a learner license, driver’s license, or medical assessment and rehabilitation driving permit must be signed and verified by a parent in most situations. If the parent signs the application, any negligence or willful misconduct of the minor when driving a vehicle on a highway will be imputed to the parent. This means that they will be jointly and severally liable with the minor for any damages caused by their negligence or willful misconduct, unless a motor vehicle liability policy covering the minor is in effect.

Nebraska Parental Responsibility Laws

Parents are jointly and severally liable for the willful and intentional infliction of personal injury or the destruction of property caused by their minor or unemancipated children living with them, or placed by them under the care of other people. However, for personal injuries, damages are recoverable only for hospital and medical expenses and only up to the cap above.

Nevada Parental Responsibility Laws

An act of willful misconduct by a minor that results in injury, death, or property damage is imputed to the parents or guardian who have custody and control of the minor for the purposes of civil damages. The parents or guardian are jointly and severally liable with the minor for damages resulting from the willful misconduct.

More specifically, Section 41.472 covers situations in which a parent or guardian permits a minor to use or possess a firearm, despite knowing that the minor has been adjudicated delinquent or convicted of a crime, knowing that the minor has a propensity to commit violent acts, or knowing or having reason to know that the minor intends to use the firearm for unlawful purposes. When this happens, any negligence or willful misconduct of the minor related to their use or possession of the firearm is imputed to the parent or guardian for the purposes of civil damages. They are jointly and severally liable with the minor for damages caused by their negligence or willful misconduct.

In addition, Section 483.300 provides that the application of a person under 18 for an instruction permit or driver’s license generally must be signed and verified by a parent. Any negligence or willful misconduct of a minor under 18 when driving a vehicle on a highway then will be imputed to the person who signed the application, who will be jointly and severally liable with the minor for damages caused by their negligence or willful misconduct. Section 486.101 provides a parallel rule for motorcycles.

Separately, Section 41.440 provides that a vehicle owner is jointly and severally liable with an immediate family member, such as a spouse, child, parent, or sibling, for damages resulting from their negligence or willful misconduct while driving the vehicle. The negligence or willful misconduct is imputed to the vehicle owner for the purposes of civil damages. This could make a parent liable for an accident caused by their child while driving a car owned by the parent.

New Hampshire Parental Responsibility Laws

A parent, guardian, or other person who has legal custody of a minor and fails or neglects to exercise reasonable supervision and control of the conduct of the minor is liable for any acts of vandalism by the minor to someone else’s property.

New Jersey Parental Responsibility Laws

A parent or guardian of a child may be liable for willful, malicious, or unlawful property damage or destruction by the child, but only if the parent or guardian failed or neglected to exercise reasonable supervision and control of the child’s conduct.

Much more narrowly, Section 2A:53A-16 provides that the parents of a minor who maliciously or willfully damages the property of a railroad, street railway, traction railway, or autobus public utility are liable for damages up to $5,000, plus litigation costs.

Section 2A:53-17.1 provides that a parent or guardian who has legal custody of a minor and demonstrates willful or wanton disregard in exercising supervision and control of the conduct of a minor who is adjudicated delinquent of cyberharassment or harassment may be liable in a civil lawsuit.

Under Section 18A:37-3, the parents or guardian of a minor who damages school property are liable for damages, plus litigation costs.

New Mexico Parental Responsibility Laws

Anyone may recover actual damages up to the cap above from a parent or guardian who has custody and control of a child when they have maliciously or willfully injured a person or damaged, destroyed, or deprived use of property. (There is an exception for foster parents.) A plaintiff also may recover taxable court costs and reasonable attorney fees.

In addition, Section 66-5-11 provides that the application of a person under 18 for an instruction permit, provisional license, or driver’s license generally must be signed and verified by a parent or guardian. Any negligence or willful misconduct by the minor when driving a vehicle on a highway then will be imputed to the person who signed the application. They will be jointly and severally liable with the minor for damages caused by their negligence or willful misconduct. However, if proof of financial responsibility is deposited for the minor as provided by state law, the parent or guardian will not be subject to liability while this proof is maintained.

New York Parental Responsibility Laws

A parent or legal guardian is liable for damages caused by a covered child when they have willfully, maliciously, or unlawfully damaged, defaced, or destroyed property. Liability also arises when a covered child knowingly enters or remains in a building and wrongfully takes, obtains, or withholds property from the building with the intent to deprive the owner of the property or to appropriate the property, as well as when a covered child has falsely reported an incident or placed a false bomb as defined by statute. (There is an exception for foster parents.)

Before a court enters a judgment for $500 or more, the parent or guardian will have an opportunity to argue that they are financially unable to pay any portion of the amount beyond $500. If they establish their inability to pay, the court will enter a judgment that is within their financial capacity, but not for less than $500.

Exercising diligent supervision over the activities of the child is not a defense, but the court may consider mitigating circumstances that bear upon the actions of the parent or guardian in supervising the child. However, a parent or guardian will have a defense if the child voluntarily and without good cause abandoned the home of the parent or guardian and without good cause refused to submit to their guidance and control before and during the event.

Separately, Vehicle and Traffic Law Section 388 provides that a vehicle owner is liable for injuries, death, or property damage resulting from negligence in the use or operation of the vehicle by a person who is using or operating the vehicle with the express or implied permission of the owner. This could make a parent liable for an accident caused by their child while driving a car owned by the parent.

North Carolina Parental Responsibility Laws

Anyone can recover actual damages up to the amount above from a parent of a minor who has maliciously or willfully injured a person or destroyed their property. A parent whose custody and control has been removed by a court order or a contract before the act at issue will not be liable. The statute notes that it does not preclude or limit the recovery of damages from parents under common-law remedies.

Separately, Section 1-538.2 makes a parent or legal guardian who has the care, custody, and control of an unemancipated minor liable if the minor commits any of certain theft or fraud offenses, and the parent or legal guardian knew or should have known of the propensity of the child to commit the act, had the opportunity and ability to control the child, and made no reasonable effort to correct or restrain the child. The total compensatory and consequential damages in these cases generally will be between $150 and $1,000, although there is no cap for some crimes.

In addition, Section 1-538.3 provides that a parent or legal guardian who has the care, custody, and control of an unemancipated minor may be liable to an educational entity for negligent supervision of the minor if the entity proves by clear, cogent, and convincing evidence that the minor committed any of certain weapons offenses on educational property. The entity also must prove by the same standard that the parent or legal guardian knew or reasonably should have known of the minor’s likelihood to commit the act, had the opportunity and ability to control the minor, and made no reasonable effort to correct, restrain, or properly supervise the minor. Damages consist of actual compensatory and consequential damages. They are capped at $50,000 for most offenses, and at $25,000 for a false report, hoax, or possession of a bomb or other explosive device on educational property.

North Dakota Parental Responsibility Laws

Anyone is entitled to recover damages up to the amount above from the parents of a minor who is living with them and maliciously or willfully destroys property belonging to the plaintiff. Recovery is limited to actual damages up to the cap, as well as taxable court costs.

In addition, Section 39-06-09 provides that any negligence of a minor when driving a vehicle on a highway is imputed to the person who signed their application for a driver’s license, which is usually a parent or legal guardian. This person will be jointly and severally liable with the minor for damages caused by their negligence, unless the minor provides proof of financial responsibility for the operation of a vehicle.

Ohio Parental Responsibility Laws

A property owner may recover compensatory damages up to the amount above, plus court costs, from the parent of a minor who willfully damages property belonging to the plaintiff or commits acts that fit within the definition of a theft offense involving the property of the plaintiff. (The minor must not have been married at the time of the misconduct.) Also, anyone may recover compensatory damages up to the amount above, plus litigation costs, from the parent of a child who willfully and maliciously assaulted the plaintiff by a means or force likely to produce great bodily harm.

In addition, Section 2307.70 provides a right to bring a civil action against a parent for damages for an act of vandalism, desecration, or ethnic intimidation committed by the parent’s minor child (under 18 and unmarried) that caused an injury or loss to the person or property of the plaintiff. They may recover up to $15,000 in compensatory damages, plus court costs, other reasonable expenses incurred in maintaining the action, and reasonable attorney’s fees. The parent and the minor child are jointly and severally liable for the injury or loss.

Finally, Section 4507.07 provides that any negligence or willful or wanton misconduct committed by a minor under 18 when driving a vehicle on a highway is imputed to the person who signed the minor’s application for a probationary license, restricted license, or temporary instruction permit, which is usually a parent or guardian. That person is jointly and severally liable with the minor for damages caused by their negligence or willful or wanton misconduct. However, no liability is imputed if the minor has proof of financial responsibility.

Oklahoma Parental Responsibility Laws

Anyone may recover damages from a parent of a child who is living with the parent at the time of the act and commits any criminal or delinquent act resulting in bodily injury, property damage, or larceny.

In addition, 47 Oklahoma Statutes Section 6-107 provides that any negligence or willful misconduct of a person under 18 when driving a vehicle on a highway with the knowledge and consent of the person who signed the application or notarized affidavit for the minor’s restricted license (a parent or legal guardian) is imputed to the person who signed the application or notarized affidavit. They will be jointly and severally liable with the minor for damages caused by their negligence or willful misconduct. However, if proof of financial responsibility is deposited for the minor, the parent or legal guardian will not be subject to liability while this proof is maintained.

Oregon Parental Responsibility Laws

A parent of an unemancipated child is liable for actual damages to person or property caused by a tort that was intentionally or recklessly committed by the child, unless the parent was not entitled to legal custody of the child at the time of the tort. (There is also an exception for foster parents.) The parents must be named as defendants in the action, as well as the minor child.

Pennsylvania Parental Responsibility Laws

A parent whose child is found liable or adjudged guilty of a tortious act is liable to the person who suffered the injury. In a criminal or juvenile proceeding against a child, the court will determine the amount sufficient to fully reimburse anyone who has suffered an injury because of the tortious act of the child and order the parents to make payment. If the parents fail to comply, the amount may be recovered in a civil action against them. Meanwhile, if a judgment is issued against a child in a personal injury case because of their tortious act, and the judgment is not satisfied within 30 days, the injured person may ask the court for a rule to show cause why judgment should not be entered against the parent. A victim of a willful, tortious act of a child also may initiate a civil action directly against the parents to receive compensation.

A parent is not liable if they did not have custody of the child and were not entitled to custody at the time of the tortious act, or if the child was institutionalized or emancipated. However, abandoning the child is not a defense to liability.

Rhode Island Parental Responsibility Laws

A parent is jointly and severally liable with an unemancipated minor for damage or injury if they willfully or maliciously cause property damage or personal injury, and the minor would have been liable for the damage or injury if they had been an adult.

In addition, Section 31-10-15 provides that the negligence or willful misconduct of a minor under 18 when driving a vehicle on a highway will be imputed to the person who signed the minor’s application for a permit or license, which is usually a parent or guardian. This person will be jointly and severally liable with the minor for damages caused by their negligence or willful misconduct. However, if proof of financial responsibility is deposited for the minor, the parent or guardian will not be subject to imputed liability while that proof is maintained.

Separately, Section 31-33-6 provides that the driver of a vehicle is considered the agent of the owner if an accident happens while the driver is operating the vehicle with the express or implied consent of the owner. (There is an exception if the driver has provided proof of financial responsibility for operating a vehicle as provided by state law before the accident.) This could make a parent liable for an accident caused by their child while driving a car owned by the parent.

South Carolina Parental Responsibility Laws

Anyone is entitled to recover damages up to the amount above from the parents or legal guardian of the person of a child who is residing with the parents or legal guardian and maliciously or willfully causes personal injury or destroys, damages, or steals property. Only actual damages may be recovered. The liability of the parents or legal guardian is joint and several with the minor if they would have been liable for the injury or the destruction, damage, or theft if they had been an adult.

In addition, Section 56-1-110 provides that the negligence or willful misconduct of a minor when driving a vehicle on a highway is imputed to the person who signed the minor’s application for a beginner’s permit, instruction permit, or driver’s license, which is usually a parent or guardian. That person is jointly and severally liable with the minor for damage caused by their negligence or willful misconduct, unless the minor is protected by a policy of liability insurance as provided by state law.

South Dakota Parental Responsibility Laws

Anyone may recover damages from the parents of a child after suffering property damage or personal injury through any malicious and willful act of the child while residing with their parents. Recovery is limited to actual damages up to the amount above, plus taxable court costs. The limit does not apply to damages caused by the operation of a vehicle by the child.

Tennessee Parental Responsibility Laws

Anyone may recover damages from the parents or guardian of the person of a child who lives with the parents or guardian and maliciously or willfully causes personal injury or destroys property. A parent or guardian will be liable only if they knew or should have known of the child’s tendency to commit wrongful acts that can be expected to cause injuries or property damage, and the parent or guardian had an opportunity to control the child but failed to exercise reasonable means to restrain their tortious conduct. (A parent or guardian is presumed to know of a child’s tendency to commit wrongful acts if the child was previously charged and found responsible for these types of actions.) Recovery is limited to actual damages up to the amount above, plus taxable court costs.

In addition, Section 55-50-312 provides that any negligence or willful misconduct, or a violation of a motor vehicle law, by a minor under 18 when driving a vehicle is imputed to the person who signed the minor’s application for a permit or license, which is usually a parent or guardian. This person will be jointly and severally liable with the minor for damages or fines caused by their negligence, willful misconduct, or violation. If proof of financial responsibility is deposited for the minor as provided by state law, the person who signed the application will not be subject to imputed liability while this proof is maintained.

Texas Parental Responsibility Laws

  • Key law: Texas Family Code Section 41.001 et seq.
  • Age range: At least 10 but under 18 for willful and malicious conduct; under 18 for negligent conduct
  • Damages cap: $25,000 per occurrence for willful and malicious conduct

A parent or another person who has the duty of control and reasonable discipline of a child is liable for property damage caused by the willful and malicious conduct of a child between the ages above. Recovery for damage caused by willful and malicious conduct is limited to actual damages up to the cap above, plus court costs and reasonable attorney’s fees.

The statute also makes a parent liable for property damage caused by the negligence of the child, but only if this is reasonably attributable to the negligent failure of the parent to exercise their duty.

Utah Parental Responsibility Laws

  • Key law: Utah Code Section 80-6-610
  • Age range: Under 18
  • Damages cap: Generally $2,000 ($5,000 if the offense involved a criminal street gang)

A parent or guardian with legal custody of a minor is liable for property damage up to $2,000 when the minor intentionally damages, defaces, destroys, or takes the property of someone else. They also are liable for damage up to that amount if the minor recklessly or willfully shoots or propels a missile or another object at or against various vehicles, or intentionally and unlawfully tampers with property and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service. The damages cap increases to $5,000 when the minor is adjudicated for one of the offenses above, and it was committed for the benefit or at the direction of a criminal street gang, in association with a gang, or to gain recognition, acceptance, membership, or increased status in a gang. A juvenile court may order restitution to be paid by the parent or guardian if the minor is adjudicated for an offense. The statute includes graffiti in its definition of property damage.

However, a court may waive or reduce the liability for damages of a parent or guardian if the court finds good cause, or finds that the parent or guardian made a reasonable effort to restrain the wrongful conduct and reported the conduct to the property owner involved or the appropriate law enforcement agency after discovering the unlawful act. (The report is not required if the minor was arrested or apprehended.) Moreover, a parent or guardian is not liable if they made a reasonable effort to supervise and direct the minor, or made a reasonable effort to restrain the minor if the parent or guardian knew in advance of the possible misconduct.

In addition, Section 53-3-211 provides that the liability of a minor for civil compensatory damages caused when operating a vehicle on a highway is imputed to the person who signed the minor’s application for a learner permit or provisional license, which is usually a parent or guardian. This person is jointly and severally liable with the minor, but their liability is limited to the policy minimum limits under Section 31A-22-304, and they are not subject to imputed liability if financial security covering the minor’s operation of the vehicle is in effect in the amounts provided by that statute. (Distinctive rules apply to the liability of foster parents.)

Finally, Section 53-3-212 provides that a vehicle owner who causes or knowingly permits someone younger than 18 to drive the vehicle on a highway, or someone who provides a vehicle to the minor, is jointly and severally liable with the minor for any damages caused by the negligence of the minor in driving the vehicle. However, if financial security covering the minor’s operation of the vehicle is in effect as described above, this person will not be subject to liability. (Someone who provides a vehicle to a minor may still face a lawsuit based on their own negligence.)

Vermont Parental Responsibility Laws

When an unemancipated child willfully or maliciously causes property damage or personal injury, either parent will be liable for the property damage or personal injury up to the amount above if the minor would be liable if they were an adult. If multiple children cause the damage or injury, the damages cap applies to each child separately. However, the law does not apply to a parent whose custody of the child was legally removed before the act at issue.

Virginia Parental Responsibility Laws

Section 8.01-43 provides that a government entity may recover damages from the parents of a minor living with them when the minor willfully or maliciously destroys or damages public property. Section 8.01-44 provides the same rule for private property owners.

In addition, Section 8.01-64 provides that a vehicle owner who causes or knowingly permits a minor under 16 who is not permitted to drive the vehicle on a highway, as well as anyone who provides a vehicle to this type of minor, is jointly and severally liable with the minor for damages caused by their negligence in driving the vehicle.

Washington Parental Responsibility Laws

The parents of a child who is living with them are liable for damages when the child willfully or maliciously destroys or defaces property, or willfully and maliciously inflicts personal injury. The statute notes that it does not limit the amount of recovery against the parents for their own common-law negligence.

Washington, D.C. Parental Responsibility Laws

  • Key law: None
  • Age range: N/A
  • Damages cap: N/A

Washington, D.C. does not have a specific parental responsibility statute. However, District of Columbia Code Section 50-1301.08 provides that when someone drives a vehicle with the express or implied consent of the owner, the driver is deemed to be the agent of the owner if an accident happens. This could make a parent liable for an accident caused by their child while driving a car owned by the parent.

West Virginia Parental Responsibility Laws

The custodial parent or parents of a child are liable up to the amount above for damages that result when the child maliciously and willfully injures someone else, maliciously and willfully injures or damages someone else’s property, maliciously and willfully sets fire to a forest or wooded area belonging to someone else, or willfully takes, steals, and carries away someone else’s property with the intent to permanently deprive them of possession. (A custodial parent is someone living with the child, or a parent who is divorced or separated and does not have legal custody but is exercising supervisory control over the child at the time.) Recovery is limited to actual damages based on direct out-of-pocket loss, taxable court costs, and interest from the date of judgment.

Wisconsin Parental Responsibility Laws

A parent with custody of a child is liable for damages to property, the cost of repairing or replacing property or removing a marking, drawing, writing, or etching from property based on a violation of the graffiti statute (or a graffiti ordinance), the value of unrecovered stolen property, or a personal injury arising from a willful, malicious, or wanton act of the child. The statute notes that this liability arises in any circumstances in which a parent may not be liable under the common law. In addition, a parent with custody of a child is jointly and severally liable with the child for damages under the retail theft statutes.

If a parent is jointly and severally liable and has physical placement of the child, their liability is limited to the percentage that corresponds to the percentage of time that the child spends with that parent. A parent is not liable if the child is married or emancipated, or if the parent did not reasonably have the ability to exercise supervision and control of the child at the time of the incident because the child was uncontrollable, or because someone else interfered with the parent’s exercise of supervision and control.

In addition to damages up to the cap above, a plaintiff may recover taxable costs and disbursements and reasonable attorney fees. If two or more children in the custody of the same parent commit the same act, the damages cap remains the same. The $20,000 cap applies when a school board or a governing body of a private school brings a claim for damages caused when the child is responsible for an act or threat that endangers the property, health, or safety of people at the school or under the supervision of a school authority, or that damages school property, and that results in a substantial disruption of a school day or school activity, as well as when the child commits any of certain property crimes or a bomb scare involving the school. Damages may include the cost in the loss of instructional time.

Meanwhile, Section 343.15 provides that any negligence or willful misconduct of a person under 18 when operating a vehicle on a highway is imputed to their parents when both have custody, and either parent signed as sponsor. The parents are jointly and severally liable with the child for damages caused by their negligent or willful misconduct. Liability is capped at $300,000 for all parents to all parties, or the limits of the insurance coverage provided to the child under the parents’ applicable insurance policies if that is greater.

Wyoming Parental Responsibility Laws

A property owner may recover damages from the parents of a covered child who maliciously and willfully damaged or destroyed the plaintiff’s property. In addition to actual damages up to the cap above, a plaintiff may recover taxable court costs. A parent is not liable if their custody and control of the child was terminated by court order before the destructive act.

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