Parental Responsibility Laws & Injuries Caused by Children
Each state has enacted parental responsibility laws, which generally impose liability on parents for certain intentional actions by minor children that cause injuries or property damage. In some states, parents also may be liable under these laws for accidents caused by the carelessness of minor children. The idea is that victims have no other recourse for compensation, since children lack their own financial resources, and people who are injured through no fault of their own should not need to pay the resulting costs. Also, society expects parents to supervise their children to a reasonable extent so that they do not cause harm.
Limits on Parental Liability and Damages Caps
Each parental responsibility law has its own definition for the type of harm that may lead to liability. For example, the main California parental responsibility law applies to injuries, death, or property damage. On the other hand, the main Texas law applies only to property damage. The main Florida law applies to destroying or stealing property.
Many states impose limits on the amount of damages that a victim can obtain from a parent who is being held liable for their child’s actions. California limits damages to $25,000 under the main parental responsibility law, although higher limits apply under a separate statute involving firearms. New York imposes a damages cap of $5,000. At the opposite end of the spectrum, Florida and several other states do not impose any damages cap.
Car Accidents Caused by Children
Teenagers cause a disproportionate number of car accidents compared to other age groups. This results in part from their lack of experience behind the wheel and in part from their lesser ability to appreciate the risks of driving. For example, teens are especially prone to texting or talking on the phone while driving. A teenager is generally included on their parent's auto insurance policy, but sometimes a victim may want to sue a parent for an accident caused by their child, such as when damages go beyond the policy limits. Since general parental responsibility statutes tend to focus on intentional rather than negligent conduct, they may not apply to these accidents. However, a variety of other options may be available.
Under the laws of some states, a parent or guardian may be liable for negligence or misconduct by their child in operating a vehicle if they sign the child's application for a driver's license. Other state laws may impose liability on vehicle owners for accidents caused by other people driving their vehicles. Even if a statute does not explicitly make a parent liable for their child's driving, though, they sometimes may be held liable under a common-law theory such as negligent entrustment. This means that the parent allowed the child to drive when they should have known that this would put other people on the road at excessive risk. A rule called the family purpose doctrine also may make a parent liable in some states when their child causes an accident while driving for a "family purpose."