Kids can get themselves into some pretty “sticky” situations. For the most part, it’s typically only minor misbehavior or harmless pranks. But, what if the misconduct gets out of hand? What if another person is harmed? Are parents liable for their kid’s actions? This is a great question we get asked pretty regularly. Unfortunately, it’s not always a simple answer. If the action includes vandalism, defacement of public property, destruction of property in a hate crime, physical harm, or motor vehicle accident, then the answer is probably “yes”.
Parents are responsible for all malicious or willful property damage done by their children in all 50 states. If damage is done, parents are responsible to financially compensate those harmed by their child’s actions. This parental civil liability typically begins between the ages of 8 and 10 years old and ends between the ages of 18 and 21 years old. The amount the parent pays, age limits, and the inclusion of personal injury varies by state.
Additionally, if the child’s action physically harms another child, parents are also liable and must pay for the damages. According to the California Rules of Court, Appendix B, Civil Code 1714.1(a), if a child’s “willful misconduct” causes injury or death to another person, the parent is liable. However, liability is limited to $37,400 (effective 01/01/2011 – periodically adjusted for inflation). The damages are limited to medical, dental, and hospital expenses.
Parental liability laws are important because they help encourage parents to be attentive and watchful when supervising their child. But, they can also be complex. Each case has its own set of complications and conditions. Hiring an experienced lawyer who specializes in parental liability cases is important. They will help you understand your personal rights and how they relate to California’s laws. An experienced lawyer can explain what you are legally responsible for or, if you are the victim, help you understand your rights and what you should receive as the victim. If you have further questions or would like to speak to an experienced parental liability lawyer, contact Eason & Tambornini, ALC today.
