It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

The parent or guardian of a child under the age of 18 can be held financially responsible for acts committed by the child that injure or damage another person, or another person's property, based upon the acts of the child and/or the negligence of the parent or guardian as it relates to the acts of the child. For instance, a parent or guardian can be held liable for negligently entrusting a vehicle to their child if that act resulted in injury to another.

A parent or guardian is not responsible for a child's act if the child has been legally emancipated or is married. Emancipation is a legal proceeding in which the juvenile court has declared that a minor over 16 can legally live on his or her own and enjoy many adult rights and responsibilities. (Your child cannot be “emancipated” without using this proceeding.)

If parents are divorced, the parent who has custody of the child is the one financially responsible for any damages the child causes. Foster parents do not have financial or legal responsibility for the intentional, destructive acts of the foster children in their care, and may make their own claim to DHS for damages to them done by the foster children in their care.

What are Parents or Guardians Liable For?
If the child is under 18, not emancipated, and commits an intentional or reckless act that damages property or injures someone, a custodial parent or guardian is legally responsible only for the actual damages caused by the acts of the child. This means that the injured party must prove that he or she suffered some loss that can be reimbursed by a payment of money. For example, medical bills related to treatment of an injury, or the cost of paint to cover up graffiti.

Even if a person can prove actual damages occurred, the most he or she can recover from the parent or guardian in most cases is $7,500, or the amount of actual damages, whichever is less. This $7,500 limit is per person making a claim — no matter how many separate acts the child committed during the incident that caused the injury.

There is no limit to the custodial parent or guardian’s liability if a student is responsible for damaging school district property; the school district can recover the actual cost of repair or replacement of the damaged property from the parent or guardian.

Legal editor: Melya Stylos, July 2008