Are Washington Parents Responsible When Their Child Causes an Injury?

You've been injured by a child in Washington, and you're thinking about an insurance claim or a lawsuit against the child's parents. But you have questions about Washington law. Can I sue a parent for their child's wrongdoing? What do I have to prove to collect compensation for my losses ("damages," in the language of the law). Do I have to prove that the parents were at fault?

Following a quick overview of parental responsibility laws generally, we answer those questions and more.

What is a Parental Responsibility Law?

Most states have some type of parental responsibility law on the books. By "parental responsibility law," we mean a law that makes a parent financially responsible when their child injures someone or harms their property. A typical parental responsibility law lets the injured person sue to collect some of their damages from a parent.

Parental liability laws are somewhat unique because most often, they make parents "vicariously liable" for the acts of a child. In other words, parents must pay not for anything they've done wrong, but for their child's misbehavior. Suppose, for instance, that a child takes a can of spray paint and paints graffiti all over a neighbor's car. The child's parents did nothing, but under a vicarious liability law, the car's owner can target them for damages.

The specifics of parental responsibility laws vary, often significantly. In some states, parents are liable only when their child intentionally or maliciously causes personal injuries or property damage. In a few states, a parent might be on the hook when their child's negligence injures others in a car accident. Most often, a parent's liability is limited to a few thousand dollars.

Washington's Parental Responsibility Law

You'll find Washington's parental responsibility statute at Wash. Rev. Code § 4.24.190 (2024). Substantively, it's much the same as parental liability statutes found in other states.

The Age of Majority in Washington

The law applies to any child who lives with their parents and is younger than 18-years-old, the age of majority in Washington. On and after a child's 18th birthday, parents can't be held liable—under this statute—for their child's acts.

Covered Misconduct

Parents face liability when a child willfully and maliciously:

• causes personal injuries, or
• damages or destroys property.

Willfulness and malice are legal terms of art. Generally speaking, they require that a child must act deliberately, voluntarily, and with the knowledge or intent to cause a particular, harmful outcome.

Note, importantly, that a child's negligent (careless) misconduct, without more, won't trigger parental liability. If a 16 year-old negligently causes a car wreck that injuries others, Washington's parental liability statute doesn't make the parents pay. But when the child defaces a building with paint and graffiti, that willful and malicious behavior exposes mom and dad to liability.

Limitation of Liability

An injured victim can sue a parent for damages, but those damages are limited to a maximum of $5,000. This limitation only applies to claims against the parents, not the child. In addition, it only limits damages in a lawsuit brought under the parental responsibility statute. A lawsuit against a parent based on the parent's own negligence—which we talk about next—isn't subject to this cap.

Washington Common Law Parental Liability

Washington's parental responsibility statute expressly says that it doesn't limit a parent's liability for "common law" negligence. What does this mean?

The "common law" is a body of court-made rules developed over time. It's the source of many laws we encounter daily, including contract law, property law, and—relevant to our discussion—tort law, meaning the law governing civil lawsuits for damages arising out of harmful conduct. Every state (except Louisiana) follows its own version of the common law.

To illustrate how common law negligence works, let's assume that 17-year-old Jeff had a well-known habit of cell phone use while driving, including sending and receiving text messages. Jeff had been cited three previous times for distracted driving, and he caused a fender bender while texting with a friend. Jeff's parents knew about his dangerous habit but wouldn't take any steps to restrict their son's behavior.

Jeff caused another wreck while texting and driving, but this one resulted in life-threatening injuries. Do Jeff's parents share blame for the accident? To find Jeff's parents liable for damages, the plaintiff (the person who files a lawsuit) must prove these negligence elements:

• they knew of Jeff's distracted driving tendencies
• they failed to take reasonable steps to supervise or control Jeff's behavior in light of those tendencies, and
• the plaintiff ended up suffering harm as a result of that failure.

Jeff's parents clearly had knowledge of his dangerous conduct, and they failed to take any action, much less reasonable steps, to curtail it. That Jeff would eventually cause an accident resulting in serious personal injuries wasn't so much a question of "if" as a question of "when." Both Jeff and his parents are responsible for their share of the blame and the injured plaintiff's personal injury damages.

Get Help With Your Washington Parental Liability Claim

Because the parental responsibility statute limits damages to just $5,000, most Washington parental liability claims involve both a claim under the statute and a second claim alleging the parent's common law negligence. When there are multiple claims involving different standards—the child's willful and malicious misconduct on the one hand, and the parent's negligence on the other—things can get complicated and confusing.

You need experienced legal counsel to guide you through the process. Rest assured that the child and their parents will have legal help on their side. To make it a fair fight, you should, too. When you're ready to move forward, here's how to find an attorney near you.