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. |