Are Colorado Parents Responsible When Their Child Causes an Injury?

As the parent of a child in Colorado, you might have questions about parental liability (legal responsibility) if your child injures others or damages property. Can the injured person or property owner come after you for compensation? The short answer is: Yes they can, in some circumstances.

Colorado law provides at least two avenues for a person who's been injured or whose property was damaged by your child to collect damages from you. First, several Colorado statutes make parents financially responsible for a child's misconduct. Second, Colorado's common law holds parents liable for their own actions that cause or contribute to cause harm to others.

We explore these Colorado statutory and common law rules, explaining when Colorado parents can find themselves on the hook for a child's wrongdoing.

A Word of Caution

We mentioned above that Colorado law provides "at least" two ways for a victim of your child's wrongdoing to recover their losses from you. The statutory and common law rules we cover below address a Colorado parent's civil (non-criminal) responsibility for money damages.

There's a third way Colorado might make parents liable—under the state's juvenile criminal law. If your child is named in a case under the Colorado Children's Code (Colo. Rev. Stat. tit. 19, arts. 1-7 (2024)), that's a criminal matter, not a civil case. When criminal sanctions are in play, the stakes—for both you and your child—become much more serious. For example, parents can be ordered to pay restitution of up to $25,000 to their child's victim. (Colo. Rev. Stat. § 19-2.5-1110(2)(a) (2024).)

Note, importantly, that criminal and civil liability aren't mutually exclusive. In other words, it's not an either-or choice. Colorado might pursue your child criminally (with possible consequences for you, too) and the child's victim might look to both you and your child for money damages in a civil suit.

First things first. If criminal proceedings have been (or might be) filed, those should be your primary concern. It's essential that you and your child are represented by Colorado legal counsel. If the victim files a civil case at the same time juvenile charges are pending, the lawyer representing you in the civil matter can ask the court to put that suit on temporary hold.

Colorado's Parental Responsibility Statutes

Colorado's three parental responsibility statutes each address different kinds of potential liability.

• Colo. Rev. Stat. § 13-21-107 (2024) applies when a child willfully or maliciously damages property or knowingly causes personal injuries.
• Colo. Rev. Stat. § 13-21-107.5 (2024) makes parents financially responsible for the value of goods shoplifted by a child.
• Colo. Rev. Stat. § 42-2-108 (2024) imposes liability on a parent for injuries and damages caused by their child while driving.

Property Damage and Personal Injuries

Under Colo. Rev. Stat. § 13-21-107(1) (2024), the parents of a child who willfully and maliciously damages or destroys property are liable to the property owner for the actual value of the property damaged or destroyed. The child must be younger than 18 and must live with the parents. Parental liability is capped at $3,500 plus court costs and reasonable attorney fees, per property owner.

Colo. Rev. Stat. § 13-21-107(2) (2024) is much the same, except that it applies when a child younger than 18 and living with their parents knowingly causes bodily injury to another person. Here too, the parents' liability is limited to $3,500 plus court costs and reasonable attorney fees, per injury victim.

Liability of $3,500 might seem moderate, but keep these points in mind. First, attorney fees and court costs can run the tab up quickly and considerably, especially if a parent fights the case. Second, these amounts are per property owner or injury victim. Multiply $3,500 by, say, 10 property owners and now you're talking about serious money.

Shoplifted Property

The custodial parent of a child younger than 18 who shoplifts is liable for the actual value of the stolen property, plus a fine of at least $100 but not more than $250. (Colo. Rev. Stat. § 13-21-107.5(3) (2024).) Unlike the property damage and personal injury statute, the shoplifting law doesn't cap parental liability. If a child steals $20,000 worth of jewelry, their parent is liable for that amount plus the statutory penalty.

Injuries a Child Causes While Driving

When a child younger than 18 applies for an instructional permit or a minor driver's license, the child's parent (or another qualified adult) must sign an "affidavit of liability." (Colo. Rev. Stat. § 42-2-108(1)(a)(I) (2024).) Signing the affidavit makes the parent financially responsible for any injuries the child negligently or willfully causes while driving. (Colo. Rev. Stat. § 42-2-108(2)(a) (2024).)

You Might Not Be Covered by Insurance

If you're facing possible liability under Colorado's personal injury, property damage, or shoplifting liability statutes, you might not be covered by insurance. Why? Because those statutes are concerned with intentional, willful, or malicious acts.

As a rule, insurance policies cover only negligent misconduct. They typically exclude coverage for intentional or willful wrongdoing. You're covered if your child negligently causes an auto accident, but likely not if they shoplift or damage someone's house with spray paint graffiti.

If you're wondering about insurance coverage, speak to your attorney or insurance agent for details.

Parental Liability Under Colorado Common Law

Colorado, like almost every state, follows the common law, a body of court-made rules inherited from England and modified over the years. Colorado common law includes tort law—intentional or negligent acts that cause personal injuries or property damages. When a parent's intentional or negligent misconduct combines with their child's wrongdoing to injure someone or damage or destroy their property, the parent can be forced to pay damages for their own share of the harm.

Here's an example. Sarah let her 17 year old daughter, Judy, have a party in the family's basement. Sarah knew that the kids—including Judy—were drinking beer and other alcoholic beverages. After the party ended, Judy asked Sarah for the keys to the family car so she could drive her friend Beth home. Sarah gave Judy the keys.

Judy lost control of the car and hit a light pole, badly injury Beth. Testing at the hospital showed that Judy's blood alcohol level was .12. Beth and her parents sued Sarah and Judy. They claimed that Sarah negligently entrusted the car to Judy when she knew or should have known that Judy was under the influence of alcohol.

A jury agreed, finding Sarah and Judy each 50% responsible for causing the wreck. Sarah is liable for (at least) 50% of Beth's damages because her own negligence contributed to cause the accident and Beth's injuries.

Get Help With Your Colorado Parental Liability Case

No matter which side of a parental liability case you're on—a parent trying to avoid liability or a victim looking to hold a parent responsible—you should be represented by legal counsel. Difficult factual and legal issues are likely to be lurking, and it's easy to make a mistake without even realizing it.

If you're a defendant (a claim has been made against you), contact your insurance agent to see if you're covered under an insurance policy. If so, the insurer should hire a lawyer to defend you. Depending on the facts, as mentioned above, your insurance company might deny coverage. Should that happen, you'll have to find a lawyer on your own.

If you need legal help, here's how to find a lawyer near you.