Am I Liable For My Child's Actions?

Am I liable for my child's actions? Maybe. There are several situations in which a child's parent is legally responsible for the injuries or damage that their child caused. Parents are not liable for their child's actions merely because they are the child's parents.

A parent may become legally responsible for their child's actions if the parent gives their child (or any child for that matter) when the parent knows that the child lacks the age, judgment or experience to safely use the item. Such a negligent act can expose a parent to legal liability because a reasonably prudent and safe person would not give a child of that type use of the same item.

A parent may become liable for the injuries or damage their children cause if the child acted as the servant or agent of his parent or where a parent consents, directs or sanctions the child's wrongful act. If a parent instructs a child to do an act that causes injury or damage, the parent should not escape legal responsibility. Likewise, if a parent consents to a 5-year-old operating a plane alone, that parent should be liable for the result.

Lastly, a parent may be liable for their child's actions if the parent fails to exercise control over their child although the parent knows that injury to another is possible. This type of liability arises when the parent knows or should have known their child engaged in a pattern of dangerous behavior. For example, if the child sexually assaulted other children on sleepovers and the parents knew about that past behavior, the parents could be liable for their child's subsequent sexual assaults during a sleepover if the parent failed to prevent the assault.