Parental responsibility laws hold the parents of minor children responsible for the actions of those minor children. In the State of Texas, the law only holds parents responsible for property damages in certain situations.
If a minor child causes personal injury to another individual or property damage, the juvenile justice system approaches the case differently than when an adult is involved. It is common in these types of cases for a court to assign responsibility to the parents of the child.
Many parents are not aware that a court can hold them legally responsible for the actions and behaviors of their minor child. There are parental responsibility laws in almost every state.
Texas Family Code Chapter 41
Parental responsibility laws in Texas can be found in Texas Family Code section 41.001. Parental liability for the conduct of their minor child is outlined in Chapter 41. However, this is only with respect to property damage, not to personal injury.
The parental responsibility laws in Texas do not address personal injury. Parents of any other individuals who have the duty of control and reasonable discipline of the minor child can be held responsible, meaning that legal guardians can also be held accountable.
Parents may be held liable for property damages that a minor child causes in the following situations:
- The courts can reasonably attribute a child’s negligent conduct to a negligent failure on the part of a parent or guardian;
- The child was between the ages of ten and 18 and committed the act willfully and maliciously.
Under the Texas Family Code, a minor child’s willful and malicious conduct includes a limit on damages that are available for recovery. It places a cap of $25,000 on actual damages, plus attorney’s fees and court costs.
This $25,000 cap, or actual damages cap, applies per occurrence. This means that two acts of property damage will each have a cap of $25,000.
For example, if a minor child willfully and maliciously damaged property in two different rooms of a hotel, the damage limits apply to each room separately. The Texas Family Code does not cover property damage that was caused by accidental actions or behaviors.
A minor child’s parents will not be held liable for an accident. A defendant may bring a claim against a minor child for property damage. If so, the defendant must show that the damage was caused by the child’s negligence or malicious intent and was not just an accident.
Who Is Potentially Liable Under Texas Law?
Under Texas Family Code section 41.001, liability is imposed upon “a parent or other person who has the duty of control and reasonable discipline of a child.” In some instances, this can extend to a legal guardian.
Under Texas Law, When Does Liability Arise?
Under Section 41.001, a parent will only be liable for property damage. This statute does not cover injuries or other types of harm caused by a minor child.
The first part of the statute provides that a parent will be held liable if a minor child’s negligent conduct causes property damages and that property damage is reasonably attributable to the parent’s negligent failure to exercise “due control and reasonable discipline” over their child.
In this first section of the statute, the parent is liable regardless of the age of the child as long as the child is under 18 years of age. Under the second part of the statute, a parent will be responsible “if a child’s willful and malicious conduct causes damage to property.”
Under this state, parental liability is limited to $25,000 in “actual damages, plus the other party’s court costs and reasonable attorney’s fees.” This second portion of the statute requires the minor child to act with a level of purpose or intent.
In other words, this section does not apply to accidents. In addition, this part of the statute does not apply to all children.
It only applies to children who are at least ten years old but under the age of 18.
In What Circumstances Will a Parent Be Held Responsible?
Parental responsibility laws will only apply when a minor child is between ten and 18 years old, except when they are emancipated or married. A parent or guardian will only be held responsible for property damages if they fail to control or discipline the minor child.
Additionally, the amount of liability is capped at, or limited to, $25,000 plus attorney fees for the injured party. This means that if a parent makes a good faith effort to supervise or prevent their minor child from acting poorly, they will most likely not face liability under Texas civil law.
If I Am Not Liable Under Texas Civil Law, Will I Be Free From Responsibility?
It is important to note that if an individual is not liable under Texas law, it does not mean they are totally free from responsibility. Even if the Texas civil laws do not hold them liable, a parent may still be held liable under common law if they knew of their child’s recklessness and carelessness but did not take any steps to prevent the injuries.
Parental Liability May Go Beyond the Texas Statute
In the State of Texas, a parent should not assume they are immune from civil liability if the statute does not cover the actions of their minor child. A parent may be held liable for injuries that were caused by their minor child’s careless or intentional actions under traditional common law principles of liability.
In Texas, a parent who is conscious of the fact that their minor child is likely to engage in careless or reckless behavior may have a legal duty to take reasonable steps to prevent that child from causing harm to others. The Texas Family Code is not the final word on parental responsibility for a minor child’s behavior.
The statutes found in Chapter 41 do not cover every possible behavior and action that a court may assign to a parent. In certain situations, a parent may be held liable under common law principles.
An injured individual may be able to sue a parent for damages caused by their minor child on the grounds of parental negligence. A civil lawsuit may be based on a failure to prevent foreseeable harm.
These types of cases commonly arise when the violent tendencies of a minor child cause serious personal injuries to another individual. It may also be possible to sue a minor child’s parent for negligence or breach of duty if the injured party can show that the parent was aware of the child’s propensity for the harmful behavior before it occurred and failed to intervene.
In these types of cases, a parent has a duty of care to the defendant to prevent their child from causing foreseeable harm, for example, joyriding and crashing into a neighbor’s car. A parent may have breached this duty if they failed to prevent their child from doing so, and it resulted in damages.
How Long Is a Parent Legally Responsible for a Child?
In the State of Texas, a parent is held legally responsible for their child until they reach the age of majority in the state or 18 years of age.
Do I Need a Personal Injury Lawyer?
If you are facing parental responsibility for your child’s action in Texas, it is essential to consult with a personal injury lawyer in Texas. Your lawyer can try to reduce your liability, if possible.
Your attorney will advise you on the current applicable laws and represent you throughout the process. It is important to have legal representation to protect both your rights and the rights of your minor child.
