Parents or Guardians can be liable for their children’s misconduct that causes injury, death, or property damage.
Under California’s Civil Code (CIV), the parents are financially responsible, along with the minor, for any injuries or damages.
- Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct…
When Parents Are Responsible for their Children’s Actions in California
In California, parents are often liable for civil damages after a minor’s actions (someone under 18 years old) cause harm to someone else.
Victims can sue for damages and seek support from the parents or guardians. The responsibility is based in part on the legal concept of “vicarious liability.” This means the parent could be liable, even if they aren’t present when the harm occurs.
However, parents aren’t liable in every case. These are a few of the factors that will be examined:
- This liability doesn’t apply when a child makes a simple mistake due to carelessness. The code applies to willful misconduct.
- The victim must have suffered an injury, or have been killed by the actions of the child. Damage to the victim’s property would also leave parents responsible.
- A parent or guardian isn’t usually held liable if they don’t have custody and control of the child.
- No presence necessary. This variety of liability doesn’t require proof of negligence on the part of the parent. If the child purposely caused harm and they were under the custody of a parent, the parent can face accountability, even if they weren’t nearby. Whether or not they were supervising the child at the time of the assault or vandalism, they can face liability.
- Parents only pay for the medical expenses, the repairs for property damage, and the repairs for the defacement of property. Parents wouldn’t be on the hook for “pain and suffering” damages victims may endure. Pain and suffering can mean support for the pain the victim suffers through, and compensation for the emotional trauma they are caused.
- Parents may face additional liability. Parents could face a separate claim based on “negligent supervision” of a child who causes harm.
How Much Can Parents Have to Pay for a Child’s Mistake?
CIV 1714.1 puts a cap on what parents have to pay in response to their child’s actions. That cap has actually risen since the code was first enacted.
Parents will now pay no more than $56,400 for a child’s misconduct. The new limit was established by California’s Judicial Council in 2025. It’s adjusted for inflation.
This limit may protect parents, but it only applies to one claim. If the victim has more than one actionable wrong to litigate, the $56,400 may apply to each separately, leaving parents to pay out much more.
Contact a California Personal Injury Attorney
If your accident involves a serious injury or the tragic death of a loved one, it’s an excellent idea to have an experienced California Personal Injury Lawyer on your side.
You’ll want to make sure the at-fault party, or the parents of an at-fault child, provide you with enough to pay all of your medical bills and restore your life and savings to normal. A skilled lawyer can often help you earn much more than you could by taking on an insurance company yourself.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims. If you do need our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
