Are Alabama Parents Responsible When Their Child Causes an Injury?

You're an Alabama parent, worried about being held responsible for a child's wrongdoing. When your child injures someone or damages their property, can the victim look to you for compensation? The short answer is: Maybe so.

There are two ways the victim can try to make you pay. The first is an Alabama statute that makes you liable (that is, legally responsible) for your child's misconduct. The second is Alabama's common law, which holds you responsible for your own actions when you injure someone else or damage their property.

Let's take a closer look at the specifics of Alabama law.

Alabama's Parental Responsibility Statute

Alabama's parental liability statute, Ala. Code. § 6-5-380 (2024), is limited in scope. Designed to punish parents for their child's deliberate acts of vandalism, it covers a narrow range of misconduct and imposes what look to be fairly moderate penalties. But those penalties can, depending on the facts, add up quickly.

Who Can Be Held Liable?

The statute applies to any parent (including a guardian or "other person") who has "care and control" of a child, meaning a minor who's younger than 18 years old. The child must live with, and be under the custody of, the parent. Foster parents approved by the Alabama Department of Human Resources are expressly exempted from the parental responsibility law.

Covered Misconduct

Parents are liable only for a child's "intentional, willful, or malicious" acts that damage or destroy any person's or organization's property, including the State of Alabama and its political subdivisions. Stated more simply, Alabama's parental responsibility law makes a parent legally responsible only when their child does something on purpose to cause property damage.

Importantly, a child's negligence—meaning carelessness—isn't enough to trigger the statute. For example, a parent wouldn't face liability under the parental responsibility law for vehicle damage caused by a child's car accident. But the statute would apply to deliberate acts of vandalism like defacing property with graffiti, or throwing rocks through windows.

By its terms, the law only applies to cases involving property damage. It doesn't reach situations where a child commits an intentional tort like a battery, causing personal injuries to another.

Note, finally, that damages assessed under Alabama's parental responsibility law (see below) probably won't be covered by liability insurance like a homeowner's policy. Why? Because liability insurance only covers negligent wrongdoing. Most policies exclude coverage for the kinds of misconduct that are within the reach of the parental responsibility law—intentional, willful, or malicious acts. Ask your attorney or insurance agent for advice specific to your situation.

Statutory Damages

Under the parental responsibility statute, a parent must answer for the actual damages their child causes, but only up to $1,000 plus the court costs of a lawsuit. So, for example, if a child's single act of vandalism to an auto causes $5,000 in property damage, the parent is responsible for just $1,000 plus court costs. In that instance, the parent gets off with little more than a slap on the wrist.

Suppose, instead, that the child goes on a vandalizing spree, damaging 15 cars, each to the tune of $1,000. Now the parent is looking at 15 claims, each for $1,000 plus court costs. Depending on the extent of their child's misbehavior, a parent's tab might involve serious money.

Alabama Parents Are Liable for Their Own Misconduct

Under state common law—the body of court-made laws that includes tort law—parents also face liability for their own misconduct that causes harm to others. The most common tort is negligence, meaning the failure to be as careful as necessary under the circumstances.

When a parent's negligence and their child's wrongdoing combine to cause injuries or property damage, the parent typically is liable for their share of the blame.

Example: Parent Negligently Entrusts an Automobile to Their Child

Jack, a 16-year-old, lived with his father, Bob. Bob gave Jack permission to have a high school homecoming party in their basement. During the party, and with Bob's knowledge, Jack drank several beers and became "buzzed." After the party wound down, Jack asked Bob for the keys to Bob's car so he could drive his friend Steve home. Bob gave Jack the keys.

Jack lost control of the car and slid into a tree. The collision left Steve paralyzed. Steve sued, seeking money damages from both Jack and Bob. He claimed that Bob negligently entrusted his auto to Jack, knowing that Jack was under the influence of alcohol.

A jury found that by getting behind the wheel, Jack was negligent. They assigned 50% of the blame to him. Jurors agreed that Bob negligently gave his son the car keys, assigning the remaining 50% of the blame to Bob. Bob is on the hook, not for Jack's negligent driving, but because Bob's own negligence in giving his son the keys contributed to cause Steve's injuries.

No Limit on Damages

As mentioned above, Alabama's parental responsibility law caps damages at $1,000. But as a rule, there's no limit on damages in a negligence lawsuit against a parent. In other words, Alabama law doesn't limit personal injury damages.

If you're suing a parent for contributing to a wrongful death, ask your lawyer about Alabama's caps on punitive damages.

Get Help With Your Parental Responsibility Case

Regardless of which side of an Alabama parental responsibility case you're on—parent looking to avoid liability or injured party seeking damages—you should know that there's often more going on with these cases than meets the eye. Without realizing it, you might make a mistake that jeopardizes other claims or defenses.

Here's just one example. To prove liability under the parental responsibility statute, an injured victim might be tempted to argue that the child's misbehavior was intentional. But that can give ammunition to an insurer looking to deny coverage for a negligence claim against the child.

Long story short: You need the help of experienced Alabama legal counsel. Weaving your way through statutory and common law liability requires a nuanced understanding of the law and how it works in parental responsibility cases.

Here's how to find an Alabama attorney who's right for you and your case.