Parents are generally responsible for (have liability for) intentional, willful, and malicious property damage done by their minor child. Parents may also be liable for the negligent acts of their minor child if the parents were (1) negligent in supervising the child (negligent supervision), or (2) negligent in entrusting the use of a car, gun, boat, motorcycle, or other item (often called an instrumentality) to the child (negligent entrustment).
These parental liability laws vary from state to state; often include age and monetary limits; and may be included in your state’s statutes—often in the family code.
In Texas, parents can be held liable for the intentional, willful, or malicious acts of property damage committed by their minor children. The Texas Family Code Section 41.001 states that a parent or other person who has the duty of control and reasonable discipline of a minor is liable for any property damage proximately caused by the minor's negligent conduct if the conduct is reasonably attributable to the failure of the parent or guardian to exercise that duty. Additionally, Texas law recognizes the doctrine of negligent entrustment, where parents may be held liable if they negligently entrust a vehicle or other dangerous instrumentality to a minor child who then causes damage. The liability under these statutes typically has monetary limits and may be subject to certain age restrictions for the minor child. It is important for parents to understand these laws as they may be held financially responsible for the actions of their children under certain circumstances.
