Should Parents Pay for Damages Caused by Their Children?

Teaching your child to respect the property of others is an important lesson. Unfortunately, even with the best parenting, children can sometimes damage property -- whether by accident or on purpose. Every state has provisions on its books that hold parents responsible for the negligence of a minor, but the legal issue is not the only one of concern, even if the damage is not serious. Parents have an ethical and moral obligation to make things right.

  1. Legal Standpoint

    • In the United States, Washington, D.C., is the only territory that does not have a legal opinion on the responsibility of a parent for the actions of a minor, according to the Wisconsin law firm of Matthiesen, Wickert & Lehrer. In most states, the law requires that the act of destruction is willful and has malicious intent for a parent to be held responsible. The willful and malicious intent might be vandalizing property, theft, damages resulting from a criminal act or damage caused by a minor while under a driver̵7;s license signed for by a parent. Under these laws, the party who sustained damage because of the act of your child can sue you as the parent for damages or you might be responsible for restitution ordered by a court.

    Damage Limits

    • In most cases, state laws place a limit on the amount of damages you might be responsible for as a parent. For example, in Idaho, as a parent, you are responsible for up to $2,500 in damages while Georgia caps the restitution amount to $10,000, plus costs. Some states, including Florida, Hawaii and Louisiana, don't limit financial responsibility.

    Ethical and Moral Responsibilities

    • It is not uncommon for some damage to occur from the regular play and actions of a child. Even if your child was not committing a willful and malicious act in damaging someone else̵7;s property, parents should still consider offering restitution. Making an offer of financial restitution for a broken household item, a damaged window or other damage might have more than one benefit. If the item belongs to a friend or family member, you might be able to retain the relationship by offering restitution. Another benefit is teaching your child the importance of responsibility.

    A Teaching Moment

    • You do not have to pay for the damages and then forget about the problem all together. If you are unable to pay upfront for the damage, offer a payment plan to the owner or offer to cover the insurance deductible, if the item is of considerable value. Consider having your child work off the debt, to either you or the owner, by doing work around the house, babysitting, mowing the lawn or any other task you need done.

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