Are Kentucky Parents Responsible When Their Child Causes an Injury?

You probably found your way here because:

• you were injured by a child in Kentucky, and you want to know if you can go after the kid's parents for compensation ("damages"), or
• you're the Kentucky parent of a kid who hurt someone or vandalized property, and you want to know if you're on the hook to pay for it.

Either way, you're in the right place. Are Kentucky parents required to pay for their child's wrongdoing? Sometimes, yes, they are. Kentucky has two parental responsibility laws:

• Ky. Rev. Stat. § 186.590 (2024), the auto accident liability statute, and
• Ky. Rev. Stat. § 405.025 (2024), Kentucky's vandalism liability statute.

Note that these are "vicarious liability" laws, meaning they hold parents legally responsible not for their own wrongdoing, but solely because of their child's bad acts. They're the rare example of a law that punishes someone who's done no legal wrong and caused no harm.

We start with a quick review of Kentucky's age of majority law. Then we'll take a closer look at the state's two parental responsibility laws, and more.

The Age of Majority in Kentucky

Kentucky's age of majority matters because the state's parental responsibility laws only apply to acts done by minor children, meaning those who haven't reached the age of majority. Ky. Rev. Stat. § 2.015 (2024) sets the age of majority in Kentucky, for most purposes, at 18 years.

In other words, a child's 18th birthday generally marks both the onset of legal adulthood and the outer boundary of Kentucky parental responsibility. Parents, as a rule, aren't liable for their child's acts on and after that date.

Kentucky's Parental Responsibility Statutes

If you're a Kentucky parent looking to avoid vicarious liability for your kid's misbehavior, the good news is that Kentucky's parental responsibility statutes generally are limited in scope. They apply in fairly narrow circumstances, and—with some notable potential exceptions—financial exposure likely will be moderate. The bad news is that the potential exceptions can blindside parents with hefty bills.

The Auto Accident Liability Statute

Kentucky's auto accident liability statute, Ky. Rev. Stat. § 186.590 (2024), includes two subsections that can lead to parental responsibility. Without proper insurance planning, both have the potential to pack a real financial punch.

Subsection (1): Parents who sign their child's license application. Under Kentucky law, a parent must sign their child's application for an instructional permit or driver's license. By signing the application, the parent agrees to be liable—both individually and jointly with the child—for any injuries or losses caused by the child's negligent driving. (Ky. Rev. Stat. § 186.590(1) (2024).)

Parents can avoid liability—under subsection (1)—if the auto their child was driving was covered by an auto insurance policy meeting Kentucky's minimum liability insurance requirements: $25,000 per injured person, $50,000 for all injured persons, and $10,000 for property damage. (Ky. Rev. Stat. § 186.590(2) (2024).)

Subsection (3): Owner gives minor permission to drive auto. While it doesn't expressly mention parents, Ky. Rev. Stat. § 186.590(3) (2024) certainly applies to them. Liability for a minor's negligent driving attaches to:

• any owner who "causes or knowingly permits a minor...to drive [their] vehicle," and
• any person who "gives or furnishes a motor vehicle to the minor."

Because a parent likely owns or furnishes any car their child drives, subsection (3) is another avenue of parental responsibility. And unlike subsection (1), insurance coverage isn't a get out of jail free card. In other words, parents remain liable even if the car is insured as required by Kentucky law.

The bottom line: For most Kentucky parents, subsection (3) liability is a much bigger potential threat than subsection (1) liability. (See State Automobile Ins. Co. v. Reynolds, 32 S.W.3d 508 (Ky. Ct. App. 2000) (father who owned vehicle liable for wrongful death damages caused by 17-year-old daughter's negligence).

Kentucky's Vandalism Liability Statute

Under Ky. Rev. Stat. § 405.025(1) (2024), the custodial parent of an unemancipated minor can face limited liability if the child willfully marks on, defaces, or otherwise damages property. For a parent to be responsible:

• the property owner must have sued the child and taken a judgment against them, and
• the parent must have been named as a defendant (a party being sued) in that lawsuit.

Parental liability is capped at $2,500 for an act of vandalism against one property owner. When the child is a repeat offender, the parents aren't responsible for more than a cumulative total of $10,000.

Kentucky Common Law Parental Liability

We've covered the Kentucky statutes that make parents pay for their child's unlawful acts. But that's not the end of the parental responsibility story. Another body of law, called the "common law," can also make parents answer for their child's (or their own) wrongdoing.

The common law is a body of court-made legal rules derived from individual case decisions. One such rule, called the "family purpose doctrine," makes parents vicariously liable when their child causes a motor vehicle accident while driving for a "family purpose." Other common law rules hold parents responsible when their own misconduct causes injuries.

The Family Purpose Doctrine

Kentucky's family purpose doctrine is, practically speaking, the common law version of subsection (3) liability under the auto accident liability statute, (Ky. Rev. Stat. § 186.590(3) (2024),) discussed above. The doctrine applies—meaning it makes a parent liable for damages—when a child:

• drives an auto owned by their parent
• with the parent's permission, and
• for a family purpose.

The term "family purpose" has been broadly defined to include the "convenience, pleasure or benefit of the owner's...family." (Wireman v. Salyer, 336 S.W.2d 349, 351 (Ky. 1960).) Importantly, the doctrine only applies to injuries caused by a child driver when the parent has a legal obligation to support the child. In other words, once a child reaches the age of majority, Kentucky's family purpose doctrine typically won't apply. (Keeney v. Smith, 521 S.W.2d 242, 243-44 (Ky. Ct. App. 1975).)

Parental Liability for Their Own Misconduct

Suppose a parent's negligent or intentional act combines with some harmful act by their child to cause personal injuries or property damage. In that case, both parent and child are responsible for (at least) their share of the blame. Here's a quick example.

With his parents' permission, 16-year-old Jeff had a backyard pool party for several of his high school classmates. Many of the kids, including Jeff, snuck alcohol into the party. They spent most of the afternoon drinking. Jeff's parents were aware that alcohol was present and that Jeff and others were drinking, but they did nothing to stop it.

Following several hours of rambunctious partying, things got out of hand. Jeff and another party guest named Steve, both drunk, were roughhousing poolside. Steve, after being pushed by Jeff, accidently fell backwards and hit his head, suffering serious injuries. Steve and his parents sued Jeff and Jeff's parents. They claimed that Jeff's parents negligently failed to supervise the party guests.

After a trial, the jury agreed. Jurors found Jeff 60% to blame for Steve's injuries and assessed the remaining 40% of the fault to Jeff's parents. They decided that Steve's personal injury damages totaled $500,000. Jeff's parents are responsible for $200,000 of that amount.

Get Help With Your Kentucky Parental Responsibility Case

Don't be fooled into thinking that a parental liability case will be simple or easy to win. Parents often fight both liability and damages. Difficult factual and legal issues commonly appear. Without expert legal help in your corner, you'll find yourself at a real disadvantage.

When it's time to move forward with your case, here's how you can find an attorney who's right for you.