Are South Carolina Parents Responsible When Their Child Causes an Injury?

Parental responsibility laws make parents pay for personal injuries or property damage caused by their children. A typical law authorizes the child's victim to sue the parents for compensation ("damages"). Liability usually is capped at just a few thousand dollars. In many states, though, the cap is per victim. So, if Junior goes on a vandalism spree and damages 20 homes—each to the tune of, say, $2,000—mom and dad could be facing a serious financial setback.

South Carolina has two parental responsibility statutes. The first, S.C. Code § 63-5-60 (2024), requires parents to foot at least part of the bill when their child willfully or maliciously causes injuries or damages or destroys property. The second makes parents financially responsible when their uninsured child causes an auto accident. (S.C. Code § 56-1-110 (2024).)

After a quick introduction to South Carolina's age of majority rule, we turn our attention to these two parental responsibility laws.

The Age of Majority in South Carolina

Most state parental responsibility laws apply only to acts by minors—those who haven't reached the "age of majority." The age of majority signifies the beginning of adulthood, the outer boundary of parental responsibility for a child's misbehavior.

The state constitution sets South Carolina's age of majority at 18 years. (S.C. Const. art XVII, sec. 14 (2024).) Barring unusual circumstances, South Carolina parents aren't responsible for acts that take place on or after their child's 18th birthday.

South Carolina's Parental Responsibility Statutes

South Carolina's two parental responsibility statutes are examples of "vicarious liability" laws. A vicarious liability law holds one person—Party A—legally responsible for the acts of someone else—Party B. It's the rare instance of a law that punishes someone who's done nothing wrong and caused no harm.

In the parental responsibility context, South Carolina's laws make the parents (Party A, in our example above) liable not because they did anything wrong, but because their child (Party B) wrongfully caused harm.

Parents' Liability for Personal Injuries and Property Losses

Under S.C. Code § 63-5-60 (2024), parents are responsible for up to $5,000 in actual damages when a child who lives with them willfully or maliciously causes personal injuries or damages, destroys, or steals property.

Three points deserve attention. First, this statute only applies to willful or malicious acts, meaning those done intentionally and for the purpose of causing injuries or property damage. A child's negligence (carelessness) isn't enough to trigger parental responsibility.

Assume, for example, that a sixteen-year-old's careless driving causes an auto accident. The child's parents can't be forced to pay under this statute because the wreck was caused by the child's negligence. But if their child assaults someone and causes bodily injuries, the parents can be liable for up to $5,000 in personal injury damages.

Second, "actual damages" means damages to compensate the victim for their actual losses. Examples include payment for medical bills, lost wages, costs to repair or replace damaged or destroyed property, pain and suffering, and emotional distress. Punitive damages aren't allowed.

Finally, the parents' liability is what the law calls "joint and several" with their child. In other words, as to the first $5,000 in damages, both the parents and the child are individually and collectively liable. The victim can pursue full recovery from whoever looks to have the deepest pockets—usually the parents—or from all those who are responsible.

Uninsured Child Causes an Auto Accident

When a South Carolina child applies for a beginner's driving permit or a driver's license, one of the child's parents (or another suitable adult) must sign the application. (S.C. Code § 56-1-100 (2024).) By signing the application, a parent agrees to be jointly and severally responsible, along with the child, for any damages the child negligently or willfully causes while driving. (S.C. Code § 56-1-110 (2024).)

But there's an important catch: The parent isn't liable if the child was insured under an auto liability insurance policy meeting the minimum requirements of South Carolina law. Stated more directly, parents face financial exposure for their child's accidents only if they let the child drive without insurance.

If this law applies—if a child causes a wreck driving while uninsured—the signing parent's financial liability is all but assured. Why? Because the law covers accidents resulting from driver negligence, by far the leading cause of most collisions. The question won't be whether the parent must pay, but how much.

The answer to that "how much" question can be financially devastating. In an accident involving moderate or serious injuries, damages in the hundreds of thousands of dollars won't be unusual. Bottom line: Don't let your kid drive without (at least) the minimum required South Carolina liability insurance.

South Carolina Parents Are Responsible for Their Own Misconduct

We've covered South Carolina's vicarious liability parental responsibility laws. But what happens if a parent's harmful act combines with a child's to cause injuries or property damage? In that case, both parent and child are liable for their share of the blame. Let's consider an example.

With her parents' permission, sixteen-year-old Anna threw a backyard pool party for about 20 of her high school friends. Several of the kids snuck alcohol into the party. Most of them, including Anna, spent the afternoon drinking. Anna's parents knew the kids were drinking but did nothing to stop them.

When the party ended, Anna asked her father Jeff for the keys to the family car so she could drive her friend Susan home. Reasoning that Susan lived just a couple of blocks away, Jeff gave Anna the keys. On the way to Susan's home, Anna lost control of the car and hit a tree. The collision left Susan with serious injuries.

Susan and her parents sued Anna and her father. They claimed that Jeff negligently failed to supervise the party guests and negligently entrusted the family car to Anna though he knew she was under the influence of alcohol. Anna was insured under her family's $500,000 auto liability policy.

After a trial, the jury agreed with Susan and her parents. Jurors found Anna 60% at fault and assigned the remaining 40% of the blame to Jeff. They assessed Susan's damages at $1.3 million. After the insurance payout, Jeff faces financial liability of at least $320,000 ($1,300,000 - $500,000 = $800,000 x 40% = $320,000).

Get Help With Your South Carolina Parental Responsibility Case

Don't be fooled into thinking that a parental responsibility case should be simple or easy to win. Parents often contest liability, and tricky legal and factual issues frequently arise. Without experienced legal help on your side, you're at a real disadvantage.

There's no reason to take needless chances with your claim. When you're ready to move forward, here's how to find a lawyer near you.