Parental liability refers to a parent’s obligation to pay for any damage caused by that parent’s child, including damage caused by negligent, intentional, or criminal acts. Parental liability typically lasts until the child is the age of majority, and starts when the child is 8 to 10 years old. A child’s offenses can be criminal or civil. Civil cases are usually those brought for money damages, while criminal cases are brought by the government for violations of criminal law.
Civil parent liability is the term used to refer to a parent’s liability for a child’s willful or malicious non-criminal damage done by their children. With civil parent liability, the parent is required to financially compensate for the child’s actions. Some states have more specific limitation on parental liability, such as the age limits of the child, the inclusion or personal injury in the tort claim, or caps on the amount of damages a parent is responsible for.
In California, parents are responsible for the child’s actions when the parent has knowledge of the child’s potential for misconduct, and fails to take reasonable action to prevent the child’s damaging behavior. The parent is responsible when they sign the child’s driver’s license application, or if the child drives the parent’s car with the parent’s knowledge and permission. The parent is also liable when the child is guilty of willful misconduct, or it the child is given ready access to a firearm.
Criminal parental liability makes parents responsible for their children when they commit delinquent acts that violate civil liability statutes. At least 43 states and DC have laws against contributing to the delinquency of a minor. Common kinds of criminal liability laws are those relating to firearm access and internet crime. 28 states including California have child firearm access prevention laws to prohibit parents from leaving a firearm in easy access of a minor. In some states, a parent can even be liable for their child’s online crimes, such as computer hacking.
Parental liability is only in pace in regards to minors. Parental liability ends when the child reaches the age of majority, meaning the age at which the child becomes an adult in the eyes of the law. In most states, including California, the age of majority is 18. A child is considered a resident of the same state as their parent’s or guardian. If the child spends time with two different parents in two different states, each parent is legally responsible for the child’s conduct while in their care.
Wrongful acts of children or negligent supervision claims pay be covered by insurance, since homeowners or renters insurance includes both property and liability coverage. Insurance could cover the child’s conduct even if the act did not take place in the policyholder’s home. This is because these policies usually include legal liability in the event that anyone suffers an injury while insured on the property. If you have children and do not have homeowners or renters insurance, you may want to consider investing in a policy.
