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- #help.tut Extra help for tutorials
- #define.stb On line glossary-definitions of legal terms
- Tutorial on parents/guardian's liability for children's torts
-
- In some, but not all of the states, laws provide that the
- parents and in some cases other legal guardians of minors are
- liable if the child causes certain kinds of property damage or
- personal injury.
-
- Thus, if a child commits a burglary can you pursue the
- parents? And, are you liable if your child gets in trouble? This
- tutorial answers this question on a state by state basis.
-
- Unless otherwise stated, liability only extends to parents.
- If your state is not listed, under some circumstances you may
- still be able to find the parents liable, but, usually only if
- they are on notice that the child has the propensity to commit
- such acts. If your state is not listed, seek an attorney's advice
- to see if you can possibly establish parental liability.
-
- This tutorial does not discuss automobile liability other
- than intentional torts. Thus, the deliberate spray painting of a
- car is probably an intentional tort, but, a simple fender bender
- is not.
-
- ARIZONA- In general parents are liable for intentional torts of
- their children, with a maximum limit of $ 2,500.
-
- ARKANSAS- For intentional destruction of real property, up to $
- 2,000.
-
- CALIFORNIA- For vandalism (with paint or other similar substance)
- parents or guardians, up to $ 10,000.
-
- COLORADO- For "malicious" injury to property, liability up to $
- 3,500, plus counsel fees.
-
- CONNECTICUT- For "willful" personal or property injury, parent or
- person with custody is liable for up to $ 3,000.
-
- DELAWARE- For intentional or "reckless" property damages by a
- minor, to $ 5,000.
-
- DISTRICT OF COLUMBIA- See an attorney. Case law recognizes that
- parents in LIMITED instances, and with prior notice, may be
- liable.
-
- FLORIDA- Parent or guardian liable for up to $ 2,500, for
- intentional torts.
-
- HAWAII- Generally parents are liable for children's torts whether
- intentional or negligent.
-
- IDAHO- Parents are liable for up to $ 2,500 for "intentional"
- destruction of property. Parents also liable for up to $ 250
- stolen by child.
-
- ILLINOIS- Parents liable for $ 1,000 caused by willful or
- malicious acts of the child.
-
- INDIANA- Parents liable for up to $ 2,500 damages caused by
- "willful" acts of children.
-
- KANSAS- Parents liable for $ 1,000 of property or personal injury
- caused by children; if the parent is found "neglectful" and this
- caused injury, then no limit.
-
- KENTUCKY- Liable for $ 2,500, maximum of $ 10,000 for "defacing
- property."
-
- LOUISIANA- Parents are generally liable for torts of children.
- Please consult with counsel.
-
- MAINE- Parents and child are jointly liable for malicious damages
- up to $ 800.
-
- MARYLAND- Limited to $ 5000 per incident; reimbursement for
- malicious damages, theft or malicious destruction of property;
- reimbursement limited to medical, funeral (ouch!), property
- damages.
-
- MASSACHUSETTS- Child's willful destruction of property triggers
- parental liability for property damage or injury up to $ 5,000.
-
- MISSISSIPPI- Patents liable if child is between 10 and 18; up to
- $ 2000 for willful damages property; if it can be proven that
- parent knew that tort would be committed and "allowed it" to
- occur.
-
- MONTANA- Parents liable for "willful and malicious" injuries;
- limited to $ 1500 and $ 100 attorney's fees
-
- NEBRASKA- Parents liable for property damage or personal injury,
- up to $ 1000 caused by a willful and malicious injury.
-
- NEW HAMPSHIRE- If parent fails to exercise reasonable control of
- the child, parent is liable.
-
- NEW MEXICO- Parent and guardian with custody of the child are
- liable for up to $ 4000 plus attorney's fees and costs.
-
- NEW YORK- Parent is liable for willful injury to property, if
- child is over 10 years old, up to $ 1000; the limit is $ 5000 if
- the child defaces religious property.
-
- OHIO- Parents or custodian are liable for property damages of $
- 3,000, injuries caused by batter up to $ 2,000 and $ 5000 for
- vandalism caused by willful injury.
-
- OREGON- Parents are liable for $ 5,000 for intentional torts both
- for personal injury and property damage
-
- PENNSYLVANIA- Parents are liable for intentional torts and theft
- of $ 300 per person and $ 1,000 for all persons as a result of
- all damages in one incident.
-
- RHODE ISLAND- Parents are responsible for $ 1,500 damages caused
- by malicious injuries for both personal and property damages.
-
- SOUTH CAROLINA- Parents are responsible for up to $ 1,000 caused
- to property by malicious injuries.
-
- SOUTH DAKOTA- Parents are responsible for up to $ 750 damages for
- both personal injury and property damages caused by an
- intentional act.
-
- TENNESSEE- Parents are responsible for $ 10,000 property damages
- and personal injury caused by malicious acts.
-
- VERMONT- Parents are responsible for $ 250 damages caused by
- intentional torts.
-
- VIRGINIA- Parents are responsible for up to $ 750 for willful
- property destruction.
-
- WASHINGTON- Parents are liable for damages of up to $ 3,000 for
- intentional torts, limit applies to both personal injury and
- property damages.
-
- WEST VIRGINIA- Parents are liable for up to $ 2,500 for property
- damages willfully caused by child.
-
- WISCONSIN- Parents are liable for $ 2,500 damages caused by
- willful act of child, including property damages and personal
- injury.
-
- WYOMING- Parent responsible for children's act between ages 10
- and 17, limited to $ 300, for willful and malicious injury.