Liability for Debts and Torts of Children
In general, persons under the age of 18 cannot make contracts. The principal source of liability for parents for the contracts of their children arises from the general duty to support and the doctrine of necessaries, both of which were discussed above.
A parent is also generally not liable for the torts of a child simply based on the family relationship. There must be some basis for personal liability. A parent can be liable for acts of his or her own negligence, resulting in the child's tort. Common examples would be negligent entrustment of an automobile or firearm.
By statute, parents have some liability for the property damage caused by the torts of their children. A parent (or other person having the duty of control and reasonable discipline of the child) is liable for any property damage proximately caused by: 1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or 2) the wilful and malicious conduct of a child who is between 12 and 18 years of age. Recovery for damages caused by wilful and malicious conduct is limited to actual damages, not to exceed $15,000.00 per act, plus court costs and reasonable attorney's fees. See the new law dealing with damages to hotel rooms.