43-801. Destruction of property; infliction of personal injury; limitation.

The parents shall be jointly and severally liable for the willful and intentional infliction of personal injury to any person or destruction of real and personal property occasioned by their minor or unemancipated children residing with them, or placed by them under the care of other persons; Provided, that in the event of personal injuries willfully and intentionally inflicted by such child or children, damages shall be recoverable only to the extent of hospital and medical expenses incurred but not to exceed the sum of one thousand dollars for each occurrence.

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Annotations

This section does not impose a fine or penalty within the meaning of U.S. Const. amend. VIII, Neb. Const. art. I, sec. 9, and Neb. Const. art. VII, sec. 5. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).

This section does not violate either the prohibition against special legislation contained in Neb. Const. art. III, sec. 18, or the equal protection clause of U.S. Const. amend. XIV on the ground that the liability of parents of children who intentionally inflict personal injury is limited and the liability of parents whose children intentionally inflict property damage is not. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).

This section may not be characterized as imposing punitive damages in contravention of Neb. Const. art. VII, sec. 5, as the damages for which parents may be held liable under this statute are "measured against," and in fact are limited by, the "actual injury" caused by their errant children. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).

This section violates neither the due process clause contained in Neb. Const. art. I, sec. 3, nor that contained in U.S. Const. amend. XIV on the ground that it imposes vicarious liability. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989).

Action of trial court in dismissing action as to parents for tort of child upheld. Neill v. McGinn, 175 Neb. 369, 122 N.W.2d 65 (1963).

Four-year-old child is legally incapable of committing offense of willful and intentional destruction of property. Connors v. Pantano, 165 Neb. 515, 86 N.W.2d 367 (1957).