Are Tennessee Parents Responsible When Their Child Causes an Injury?

Parental responsibility laws—as the name suggests—make parents liable (legally responsible) for their child's wrongful acts. Someone who's been injured, or whose property was damaged or destroyed, can look to the child's parents for compensation (what the law calls "damages.")

Tennessee's parental responsibility law is narrower than that of most other states. A typical parental liability statute is what's known as a "vicarious liability" law. This means parents can be forced to pay when their child intentionally or maliciously harms a person or their property, even though the parent did nothing wrong. Not so in Tennessee. As we explain below, Tennessee parents are on the hook only when the facts show they're partly to blame.

Tennessee's Parental Responsibility Statutes

Three statutes make up Tennessee's parental responsibility law:

• the general parental liability statute
• the parental fault amendment, and
• a statute limiting parental liability.

The General Parental Liability Statute

Under Tennessee's general parental liability statute, Tenn. Code § 37-10-101 (2024), when a child younger than 18 years old—the age of majority in Tennessee—"maliciously or willfully causes personal injury...or destroys property," the injured person or property owner can sue the child's parents (or guardian) for up to $10,000 in damages.

For a parent to be liable, these additional elements must be satisfied:

• the child must have been living with the parent at the time the wrongful act occurred, and
• the parent must have been at fault as described in the parental fault amendment (discussed below).

A child's negligence isn't enough. "Willful" is a legal term of art. It means the child intended to act, did so voluntarily, and wanted to produce a specific result. Simple negligence, or carelessness, won't suffice. For example, if a 16-year-old causes a car accident, the child's negligent driving won't trigger parental responsibility. But if a child vandalizes someone's house with graffiti, or assaults and batters a classmate, the parents might be forced to pay.

Not a vicarious liability law. This statute appears to be a "vicarious liability" law. In other words, it seems to make a parent liable solely because of their child's misconduct. There's nothing in the statute that ties a parent's liability to any wrongdoing on their part. Turns out that appearance is deceiving.

The statute was a vicarious liability law when it was first enacted in 1957. Since then, however, it's been amended several times. A 1981 amendment (the "parental fault amendment") transformed it from a vicarious liability rule into one that only applies when the parent is found to be at fault. (See Lavin v. Jordon, 16 S.W.3d 362, 366-67 (Tenn. 2000) (discussing history of statute and amendments).)

The Parental Fault Amendment

While it doesn't expressly say so, Tenn. Code § 37-10-103 (2024)—the parental fault amendment—amends Tenn. Code § 37-10-101 (2024), the general parental liability statute. Under the parental fault amendment, parents are liable for their child's willful or malicious misconduct only when these three elements are true.

Knowledge of child's tendencies. The parent knew or should have known that their child had a "tendency to commit wrongful acts that can be expected to" cause personal injuries or property damage.

Opportunity to control. The parent had an "opportunity to control the child" before the wrongful acts took place.

Failed to take reasonable steps. Despite that opportunity, the parent failed to "exercise reasonable means to restrain" the child's misconduct.

(Tenn. Code § 37-10-103(a) (2024).)

A parent is presumed to know about their child's tendencies if the child has, in the past, been charged with and convicted of a wrongful act. (Tenn. Code § 37-10-103(b) (2024).)

Statute Limiting Parental Liability

In any case under the general parental liability statute as amended by the parental fault amendment, an injured victim can recover their actual damages to a maximum of $10,000, plus the costs of bringing a lawsuit in court. (Tenn. Code § 37-10-102 (2024).)

This amount is cumulative, meaning it applies to each victim, not to all victims in the aggregate. For example, if a child goes on a vandalism spree and willfully damages 5 homes, each to the tune of $10,000, the child's parents might be looking at liability of $50,000.

Tennessee Parents Are Liable for Their Own Harmful Acts

Tennessee parental liability doesn't end with the statutory scheme described above. When a Tennessee parent's intentional or negligent acts cause harm, the parent can be sued for damages. Here's an example.

In a Tennessee case called Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005), Worley hosted a party for his daughter and several of her underage friends. Though Worley didn't furnish alcohol to the guests, he was aware that they were drinking. Sixteen-year-old Jennifer Biscan left the party in a car driven by another underage intoxicated partygoer, Brown. Brown wrecked the car, causing Biscan to suffer serious injuries.

The Tennessee Supreme Court agreed that Worley was negligent. Though he didn't provide the kids with alcohol, he knew they were drinking. It was foreseeable that they might try to drive while under the influence, and that an accident might follow. Worley was liable for Jennifer Biscan's injuries.

Get Help With Your Parental Liability Case

There's no such thing as a "slam dunk" parental liability case. That's especially true in Tennessee. Proving that a child acted willfully or maliciously can be straightfoward, depending on the facts. But proving a parent's blame under the parental liability amendment is likely to be a challenge.

If you have a possible parental liability claim, you'll want experienced legal help in your corner. Here's how to find a lawyer near you who's right for your case.