Are Indiana Parents Responsible When Their Child Causes an Injury?

You were injured by a child in Indiana. You're considering an insurance claim or a lawsuit against the child and the child's parents, but you have questions about Indiana law. Is an Indiana parent liable (legally responsible) for injuries their child causes? How much can I collect from the parent? Do I have to prove that the parent did something wrong?

We answer those questions and more. As we'll see, Indiana provides two ways you can force parents to pay. First, Indiana's parental responsibility statutes sometimes make parents liable for their child's wrongdoing. Second, parents are legally responsible for their own harmful actions. When a parent's misconduct together with that of their child causes you an injury, Indiana law makes the parent pay their share of your damages.

Indiana's Parental Responsibility Statutes

Indiana has three parental responsibility statutes that might apply when you're injured by a child younger than 18, the age of majority in Indiana. These "vicarious liability" laws make parents answer not for anything they've done wrong, but for things their children do wrong. They include Indiana's:

• vandalism statute
• gang activity liability statute, and
• auto accident liability statute.

Indiana's Vandalism Statute

Ind. Code § 34-31-4-1 (2024) is Indiana's vandalism statute. Parents face limited liability—up to $5,000 in actual damages—when their child engages in certain acts of vandalism. The statute applies when a child "knowingly, intentionally, or recklessly" causes personal injuries or property damage. The parent must have custody of the child, and the child must live with the parent.

This statute has been described as a "strict liability" law, meaning a parent is liable even though the parent did nothing wrong and wasn't at fault. (Wells v. Hickman, 657 N.E.2d 172, 176 (Ind. Ct. App. 1995).)

The $5,000 cap applies to each separate act of vandalism. (See Hyman v. Davies, 453 N.E.2d 336, 339-40 (Ind. Ct. App. 1983).) Suppose, for example, that a child goes on a vandalism spree, damaging the property of 10 people, each to the tune of $5,000. If each damaged property is found to be a separate act of vandalism, the child's parents are looking at a tab of $50,000.

Indiana's Gang Activity Liability Statute

Indiana's gang activity liability statute, Ind. Code § 34-31-4-2 (2024), makes parents pay for a child's gang-related activities, at least in some circumstances. The statute applies when a child is a gang member. If, while participating in gang activity, a child intentionally causes personal injuries or property damage, the child's parent can be held liable for the victim's actual damages. Parental liability arises when:

• the parent had custody of the child
• the child lived with the parent
• the parent didn't "use reasonable efforts" to keep the child from participating in gang activities, and
• the parent "actively encourage[d] or knowingly benefit[ted] from" the child's gang involvement.

The gang activity statute differs from the vandalism statute in at least two important ways. First, it's not a strict liability law. To be held responsible, a parent must be at fault for failing to take reasonable steps to keep their child away from the gang, and for encouraging or benefitting from the child's bad acts. Those elements likely won't be easy to prove.

Second, there's no cap on a parent's potential liability. In other words, a parent is on the hook for the victim's actual damages, without limit.

Auto Accident Liability Statute

When a child applies for an Indiana learner's permit or license, their parent (or other qualified person) must sign the application. (Ind. Code § 9-24-9-3(a) (2024).) By signing the application, the parent agrees to be liable, together with the child, for any injuries or damages the child causes while driving. (Ind. Code § 9-24-9-4(a) (2024).) Here too, the parent's potential liability isn't limited.

Insurance Coverage Issues

Parental liability under Indiana's vandalism and gang activity statutes almost certainly won't be covered under the parent's homeowner's or renter's liability insurance. Why? Because those statutes are concerned with intentional, knowing, or reckless misconduct. As a rule, liability insurance only protects against liability for negligence (carelessness). Most policies specifically exclude coverage for intentional harms, or for acts done with a similar state of mind.

A parent's liability for their child's auto accidents is likely to be covered by the parent's auto insurance—if the parent is insured. Be sure that your child is insured under the policy, and that the auto the child is driving is covered as well.

If you have insurance coverage questions, speak to your attorney or insurance agent.

Indiana Parents Are Responsible for Their Own Misconduct

Under Indiana law, parents are responsible when their own intentional or negligent wrongdoing harms someone or damages their property. When a parent's misconduct combines with that of their child to produce injuries, both must answer for their share of the blame.

Here's an example. Sixteen-year-old Donna spent the afternoon at a family backyard pool party, drinking alcoholic beverages furnished by her parents. Donna's parents knew she was drinking. After several drinks, Donna became "buzzed." While trying to make her way down the pool deck stairs, Donna stumbled into Sharon, knocking Sharon off the steps. Sharon fell awkwardly, breaking her arm and wrist.

Sharon sued Donna and her mother, Karen. Sharon claimed that Karen negligently furnished alcohol to her underage daughter, and that Karen's negligence combined with Donna's to cause the accident.

After a trial, the jurors agreed. They decided that Donna and Karen were each 50% at fault for the accident and Sharon's injuries. Donna was liable for negligently stumbling into Sharon. Karen was responsible, not for Donna's negligence, but for negligently providing alcohol to her daughter.

Need Help With Your Indiana Parental Liability Case?

Trying to navigate your way through the maze of statutory and other legal rules governing parental liability can be a challenge. The time to learn those rules isn't while you're bringing or defending against a claim. You can bet that your opponent's lawyer knows the law and how to use it against you.

To make it a fair fight, you need experienced legal counsel on your side. When you're ready to move forward, here's how to find an attorney near you.