Can Parents Be Sued for Something Their Child Did?

Nearly every state has its own parental responsibility laws that put some kind of legal liability on parents whose child causes harm to others:

• Most states hold parents liable when their minor children intentionally cause property damage or personal injury.
• Some states also hold parents liable when a minor child's negligence results in harm to someone else, especially when a teen driver causes a car accident.
• There's a dollar limit on parents' liability for their child's actions under most states' parental responsibility laws.

Whether you're a parent or someone who has been harmed by a child's actions, let's explain what you need to know about parental responsibility laws:

What Are Parental Responsibility Laws?

Imagine you're making dinner in your house when you see your neighbor's twelve-year-old child spray-painting his name on your garbage can. Who should pay to have it cleaned or replaced? In most states, the child's parents will likely be on the hook for the damage to your garbage can. This is just one example of many where parental responsibility laws might come into play.

Historically, parents weren't responsible for harm caused by their children, at least not solely based on the parent-child relationship. But over time, lawmakers began passing parental responsibility laws to make it easier for people harmed by children to get compensation. After all, children rarely have enough money to pay for personal injuries and property damage they cause. Under parental responsibility laws, parents become "vicariously liable" for the acts of their children and must foot the bill.

Lawmakers also use parental responsibility laws to motivate parents to supervise their children. The idea is that if parents have to bear the cost when their children misbehave they will be more likely to pay attention and intervene when necessary.

When Does Parental Responsibility Begin and End?

State laws vary as to when parents become legally responsible for the actions of their children and when that responsibility ends. Most states have parental responsibility laws that kick in when a child is born and end when a child turns 18. A few states limit liability to children above a certain age (for example, 10 or 11) or extend responsibility up to the age of 21 years old.

Some states specify that their parental responsibility laws don't apply to emancipated minors or minors who are married.

What Are Some Examples of State Parental Responsibility Laws?

As noted, parental responsibility laws vary quite a bit from state to state. If you're dealing with a specific issue related to parental liability you should talk to a lawyer in your area. But here's a small sampling of what these types of laws look like in different states.

California: Parents are liable for any "willful misconduct causing injury, death or property damage" by a minor under the age of 18. Parents may also be liable for a child's negligent driving, for the cost of cleaning up a child's graffiti, and for injuries and property damages caused by the discharge of a firearm when the parent allowed the child to have the firearm or left the fire accessible to the minor. Liability is limited. Limitations vary from $25,000 to $60,000 based on the type of harm caused.

Illinois: Parents are liable for "willful or malicious" acts by minors under the age of 18 causing property damage or personal injury. Parents are also liable for a child's damage to any religious structure such as a church, synagogue, mosque, or cemetery. A parent's liability is capped at $20,000 plus attorneys' fees.

Maine: Parents are liable when a minor between the ages of 7 and 17 years old "willfully or maliciously" causes property damage or injury to a person. A parent's financial exposure is limited to $800, regardless of the amount of actual loss. Parents may also be liable for the negligent driving of a minor if they knowingly allow a minor to drive a car they own.

New York: Parents are liable when a child between the ages of 10 and 18 years old "willfully, maliciously, or unlawfully" damages or burglarizes property. New York also specifically holds parents accountable when a minor between the ages of 10 and 18 makes a false bomb threat. Liability is limited to $5,000.

Get the details on state-by-state parental responsibility laws.

Will My Insurance Cover Damage Caused By My Kids?

It depends on what kind of insurance we're talking about, and the details of what happened. If you have homeowner's insurance or renter's insurance, it should cover most injuries and property damage to others that is caused by anyone in your household, including your kids. But it's important to note that if your child acted intentionally to hurt someone or cause property damage, your homeowners'/renters' insurance won't cover any losses resulting from those actions.

With car insurance, unless for some reason you've specifically excluded your teenage driver from your car insurance policy, they'll be a covered driver if they borrow your car and cause a car accident. If your teen driver has their own vehicle, you'll need to make sure that it's specifically insured under the terms of your own policy, or that it's covered under a separate standalone policy. Speaking of teen drivers...

Can Parents Be Liable for Their Kids' Driving?

It's no secret that young drivers are at a higher risk of getting into car accidents. According to the Centers for Disease Control and Prevention (CDC), teen drivers have a fatal crash rate almost three times as high as drivers ages 20 and older, per mile driven.

Who pays when a teenager gets in an accident? In many states, parents do. States hold parents responsible under different legal theories, including:

The family purpose rule. Many states hold parents liable for the actions of their teen drivers under a legal theory called vicarious liability. Similar laws make employers liable for an employee's car accident.

Negligent entrustment. Parents may also be legally and financially responsible for their teen driver when they knew or should have known their child was a danger on the road and let the teen drive anyway.

Driving privilege liability. A few states, including California and Florida, require parents to agree to accept responsibility for a minor teen's driving when the teen applies for a license.

Learn more about parents' liability for teen drivers' accidents.

Talk to a Lawyer

Whether you're a parent or someone who is trying to hold someone else liable for their kid's actions, it's important to understand how the parental liability laws in your state work. Getting a legal professional's help can be critical to understanding what's possible (and what's not) and putting together the right strategy. Learn more about getting help from a personal injury lawyer.