Generation Information About Legal Topics
Topic 126: Are Parents Liable For Their Children's Actions?
(revised 11/97)

Is some teenager down the street pocking your windows with his BB gun? Damaging your car? Stealing your lawn mower or a bike? Or bullying your son so he is afraid to get on the bus or attend school?

Often no help is coming from the police or from juvenile authorities because a crime may not have occurred yet. School authorities will not help unless an incident occurs on the school grounds. Further, the school can only suspend, which may make the problem worse by putting the problem child on the street.

Will no one protect you against the rowdies in your neighborhood? You can protect yourself under the parental liability statutes in Missouri.

These statutes are intended to reach the persons with primary authority over the delinquent child. They apply when a minor child (younger than 18) willfully or purposely damages property or injures another. If the minor child is living at home in the care and custody of a parent, that parent can be liable for the harm the child causes.

In Missouri, the parent or guardian may be liable in an amount up to $2,000 under the parental liability statute. Parents or guardians, however, may be liable for greater amounts if the court determines that the child's actions were a result of parental negligence.

Wide and frequent use of parental liability statutes could reduce the number of youth crimes. If your intention is to stop troublesome behavior by a child, these statutes may help you accomplish that. Presumably, if the parents or guardians are notified of their potential liability under the law, they will wield some needed authority over the troublemaker. Advising a parent of this law could make some mischief and vandalism stop immediately.

If your intention is to recover damages, engage a lawyer and sue the juvenile and his parents under the parental liability statute. Small Claims Court will be appropriate when your damage is less than $3,000, but a higher court must be used when you are seeking a larger recovery. The judgment you win will be good against the minor and an amount up to the statutory limit will be collectable from the minor's parents. Foster parents and stepparents are not covered by the statute because the youth is not their child.

What about criminal behavior by the child? The Missouri statute says your civil action and remedy shall not prevent a criminal prosecution. However, a criminal conviction may be more difficult to obtain because the defendant is afforded greater procedural protection and stronger evidence is required for a conviction.

Finally, being involved in a collision involving a teenage driver usually would not involve application of the statute. "Negligent" actions are not covered. In Missouri, the child must act "purposely" before the parent is liable.


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