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MINORT.TUT
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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.