When am I financially liable for my childs actions which cause property damage?

Recently on our legal forum a user wrote, “I have a 17 year old child who vandalized someone else’s property. They are mad and threatening to sue us. My son has already been criminally arrested for the crime. I am wondering if the owners of the property can sue my husband and I to collect compensation for the damages or will they try to go after my son. He has few assets and limited cash, but he does have a job. I live in the State of Texas. What are your thoughts?” 

Civil Liability for your child’s actions

Your mentioned your child has been arrested for criminally vandalizing someone else’s property. If they are convicted of the crime they will face criminal fines and penalties. The victim who suffered property loss, however, may also be able to file a civil claim to recover compensation for their loss or injury.

If your neighbor sues you this is a civil case and is not part of the criminal case, which means a civil lawsuit may be filed regardless of whether your son is ever charged or convicted of a crime. 

When are the parents held civilly liable for property damages?

You asked about your civil parental liability so we will specifically review who will be financially responsible for compensating the victim. Although state laws vary, most states will hold parents civilly liable for actions which the plaintiff can prove were committed by a child with “willful or malicious intent” and which were done “knowingly and intentionally.”

Before deciding liability and the amount you might be responsible for paying the plaintiff, however, the court will evaluate several factors. For example, the court will determine whether your child was old enough to make an intentional decision – generally 8 to 10 years of age- or whether your child was too old for you to be responsible for their actions – generally the age of majority, whether the statute of limitations for property loss has expired, and your state’s laws which dictate the amount the victim is eligible to recover.

What are the laws in the State of Texas laws for property loss by minors?

For specific information about minor willful misconduct in Texas you need to review V.T.C.A. Family Code §§ 41.001 and 41.002: Willful Misconduct.

As mentioned above, the amount of compensation and the age in which your child is no longer a minor (and therefore not your legal responsibility) can vary by state. Specifically, in the State of Texas, a parent is responsible for their child’s actions and resulting property damage if the child is less than 18 years of age but greater than 10 years of age.

The conduct which caused the property damage must be considered negligent, willful, or malicious. If it is negligent it must be “reasonably attributable to the negligent failure of the parent or other person to exercise that duty.”

Currently recovery for damage caused by willful and malicious conduct is “limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.” 

What do I do now?

So, what steps should you take if your neighbor sues you for property damage caused by your child’s actions? First, try to talk to your neighbor. In a perfect world this issue would be resolved before your neighbor had to file a lawsuit. Why force your neighbor to take you to court and incur extra costs?

What better way to teach your child responsibility than to have them assume the responsibility for the property damage? Ask your neighbor for an estimate of the damage. If there is no doubt your child caused the damage, then you should have your child work to pay for the damages. Does he have a job? Garnish a percentage of his income each week until the debt is repaid. If it’s something your child can repair themselves then have them make the repairs.

Bottom Line: 

We are responsible for our children. If your child is over the age of 10 and less than 18 years of age you can be held legally liable for certain willful actions they take which cause injury or loss. If their actions were negligent you may also be responsible for damages if the conduct is “reasonably attributable to the negligent failure of the parent or other person to exercise that duty.”