Are Mississippi Parents Responsible When Their Child Causes an Injury?

Parental responsibility laws make parents financially responsible for injuries and property damage their kids cause. When a child's misconduct causes harm, the typical parental responsibility law lets the victim sue the child's parents to recover compensation (damages) for their injuries.

While varying widely in their specifics, most parental liability laws follow a common pattern. First, they apply to minors, meaning children who are yet to reach their state's age of majority. Second, the laws usually hold parents responsible only for a child's intentional or willful misbehavior. Third, most impose limited liability—a few thousand dollars is typical—on responsible parents.

We explore Mississippi's parental responsibility statutes, explaining to whom they apply, the misconduct they cover, limits on parental liability, and more. As we'll see, two of Mississippi's four statutes follow the pattern just described, more or less. The other two capture a wider range of misconduct—and carry a much heftier potential price tag for parents.

Mississippi's Parental Responsibility Statutes

Mississippi has four parental responsibility statutes, including:

• a law requiring that parents pay restitution to the victims of their child's criminal acts (the "restitution law")
• a statute making parents liable for injuries their kids cause while driving (the "car accident liability statute")
• a statute imposing limited liability for a child's intentional property damage (the "property damage statute," and
• a law that looks to parents for the cost of their child's vandalism of public property (the "vandalism law").

Note that each statute is what's known as a "vicarious liability" law. This means the parent is legally responsible not for anything the parent has done wrong, but for their child's wrongful acts.

Mississippi's Age of Majority

The age of majority (adulthood) in most states is 18 years. In those states, parental responsibility laws usually apply until a child's 18th birthday. Things aren't so simple in Mississippi.

As a general rule, the age of majority in Mississippi is 21 years. But only one parental responsibility statute—the vandalism law—keeps parents on the hook through their child's 21st birthday. The others, as we'll see, apply to children younger than 18 years old.

The Restitution Law

Mississippi's Youth Court, the state's version of juvenile criminal court, handles delinquency and criminal cases for offenders younger than 18 years old. Under Miss. Code § 43-21-619(2) (2024), the court can order parents to pay restitution or damages when their child willfully or maliciously causes personal injuries or property damage, up to the amount of the victim's actual losses.

Unlike the typical parental liability statute, Mississippi's restitution law isn't capped at a specific amount. Parents face potential responsibility for the full amount of each victim's actual losses, whatever they may be. In cases involving serious or catastrophic personal injuries, that could be a big number.

The amount the parents must pay is a civil money judgment, not a criminal fine or penalty. But the court is authorized to enforce payment just as it would for any other judgment. (Miss. Code § 43-21-619(3) (2024).)

The Car Accident Liability Statute

Both the mother and father (if both are living and have custody) of a child younger than 17 years old must sign the child's application for a learner's permit or driver's license. (Miss. Code § 63-1-23 (2024).) By signing the application, the parents agree that they'll be liable—together with the child—for injuries or damages the child negligently or willfully causes while driving. (Miss. Code § 63-1-25 (2024).) Parental liability under this statute ends on the child's 17th birthday.

Two important points deserve attention. First, this statute covers both negligent and willful misconduct. Most auto accidents are caused by some kind of driver negligence, or carelessness. As a practical matter, then, Mississippi parents face financial responsibility for any wreck their child causes, in whole or in part.

Second, parental liability isn't capped under this statute. Children typically are judgment proof—lacking cash and other assets a creditor might look to in satisfaction of a judgment—so car accident victims naturally will look to the parents to make good on the debt. Losses from a car accident, and especially personal injury damages, can add up quickly.

The Property Damage Statute

Under Miss. Code § 93-13-2(1) (2024), parents face limited financial responsibility if their child "maliciously and willfully damages or destroys property... ." Unlike similar laws in many other states, this statute covers only property damage. It doesn't require parents to pay for personal injuries.

The property damage statute only applies to children between the ages of 11 and 17 years old. In addition, a parent whose custody of a child has been terminated by a court isn't liable.

The most a property owner can recover is $5,000, plus their court costs. But this cap is per property owner. If a child goes on a property damage spree and causes $5,000 in damages to 10 property owners, the parents could face a bill of $50,000, plus lots of court costs.

The Vandalism Law

When a minor (younger than 21) willfully damages, destroys, or removes "any milepost, signboard, or index board, or road number, or railroad crossing sign or flasher signal, or other traffic control device," or defaces or damages a "bridge, underpass, or overpass," the minor's parents are liable for the "actual cost" of replacement or repairs. In addition, the parents can be fined not less than $200 or more than $500. (Miss. Code § 97-15-1(1)-(2) (2024).)

The vandalism law expressly refers to the property damage statute when discussing parental responsibility. But it isn't clear whether the $5,000 cap from the property damage statute applies here. The vandalism law simply makes parents liable for the "actual cost" of repairs or replacement. Ask your Mississippi lawyer for more information.

Parents Are Liable for Their Own Misconduct Under Mississippi Law

Mississippi's parental responsibility statutes make parents vicariously responsible for their child's misconduct. But what happens if a parent does something to cause harm? When a parent's acts combine with those of their child to cause personal injuries or property damage, each can be held liable for their share of the blame.

For instance, suppose that 17-year-old Mary had a history of phone use and texting while driving. Mary's parents knew about her habit, as did local law enforcement. In her short driving career, Mary had been cited twice for distracted driving. She also caused a minor fender bender while texting with a classmate. Despite their knowledge of Mary's driving habits, her parents didn't take any action to change her behavior. They continued to let her drive the family car.

One evening while on the way to a local movie theater, Mary ran a red light while texting. She broadsided another car, causing the driver serious injuries. That driver sued Mary and her parents, claiming that Mary's parents negligently failed to supervise her and negligently entrusted her with a motor vehicle.

After a trial, the jury agreed with the injured driver. Jurors found Mary 50% responsible for the accident and attributed 25% of the blame to each of her parents. They assessed the driver's total damages at $1.2 million. Mary's parents are responsible for (at least) $600,000, less whatever liability insurance they have.

Get Help With Your Parental Responsibility Claim

It might seem that a case under one of Mississippi's parental liability statutes should be simple. Don't be fooled. Tricky factual and legal issues are likely to arise. Without experienced legal help in your corner, you're at a significant disadvantage. You can bet that the other side will be represented by counsel. To make it a fair fight, you should be, too.

When you're ready to move forward with your case, here's how to find a parental liability lawyer near you.