Parental Liability: Civil Behavior and Criminal Children.

by Anna Glendenning | More from this Blogger

05 Mar 2007 06:47 PM

Parental liability is the official legal term that defines the parent's responsibility to pay for any damages caused by negligent, intentional, or the criminal behavior and acts of their child or children. Our children are a risk we as parents are liable while they are in our care.

In many states the parents are liable for any malicious or willful property damage their children might cause. Most states start holding parents responsible when their child is between that ages of eight and ten. In every state the lays vary regarding the monetary threshold or limit for damages that may be collected.

Children's offenses may be civil and/or criminal. A Civil case would include a lawsuit for financial damages such as property damage. The local, state or federal government may cause a criminal case if a child violates criminal law. Some behaviors of children can lead to both civil and criminal prosecution.

Civil Responsibility: Every state determines their own laws about parental liability and financial responsibility for the behavior and acts of their children. The parents assume the risks and responsibility for their children and any harmful act their child may cause. This is the legal concept of vicarious liability. Parents are vicariously liable, regardless of the fact they may not be directly responsible for causing the injury. Several states make parents financially responsible for the damages their children cause most have limitations for the amount of liability. The laws are different in each state but many cover:

• Vandalism including such vandalism done to government or school property.
• Defacement or destruction of the national and state flags.
• Damage caused to cemetery headstones, public monuments/historical markers.
• Property destroyed in hate crimes or based on race or religion.
• Personal injury in connection with any of the other actions listed above.

Criminal Responsibility There are a few states that hold parents criminal liable for their delinquent child and several that have enacted less stringent types of parental responsibility laws. For example:

• Kansas, Michigan, and Texas require parents to attend hearings when their child is adjudicated delinquent or face contempt charges.
• Florida, Idaho, Indiana, North Carolina, and Virginia make parents financially liable to repay the costs connected with the care, support, detention, or treatment of their child while in the care of a state agency.
• Idaho, Maryland, Missouri, and Oklahoma hold parents responsible for the restitution payments their child is liable for causing.
• Legislation in Alabama, Kansas, Kentucky, and West Virginia orders parents to pay for the court costs.
• Other states impose financial responsibility on parents for the costs incurred by the state when their child is placed in the juvenile justice system.

Insurance Coverage Might Help Parents!

Because Homeowners Insurance typically covers both property and liability, the wrongful acts of a policyholder's child or negligent supervision claims may be covered. These acts may even be covered when they take place away from a policyholder's home.

Photo credit for this blog entry: (standard restrictions for this photo)

Related Blogs:

• Holding Parents Responsible for the Actions of Their Children
• When To Drop Your Child From Your Auto Insurance Policy.
• Personal Liability Umbrella Insurance

Glossary of Insurance Terms:

A | B | C | D | E | F | G | H | I | J-K | L | M | N | O | P | Q-R | S | T | U-V | W-Z

Families.com Blogs are for informational purposes only. Families.com assumes no responsibility for consumer choices. Consumers are reminded that it is their responsibility to research their choices properly and speak to a certified insurance professional prior to making any decision as important as an insurance purchase.

Civil Behavior, Criminal Behavior, Parental Liability