Parents are generally responsible for (have liability for) intentional, willful, and malicious property damage done by their minor child. Parents may also be liable for the negligent acts of their minor child if the parents were (1) negligent in supervising the child (negligent supervision), or (2) negligent in entrusting the use of a car, gun, boat, motorcycle, or other item (often called an instrumentality) to the child (negligent entrustment).

These parental liability laws vary from state to state; often include age and monetary limits; and may be included in your state’s statutes—often in the family code.

In South Dakota, parents can be held liable for the intentional or willful destruction of property by their minor children under certain circumstances. South Dakota Codified Laws (SDCL) 25-5-15 states that parents are liable for the willful, malicious, or criminal acts of their minor children that cause damage to property or injury to persons. However, the law caps the liability at $2,500 for any one act of vandalism or destruction. Regarding negligent supervision or negligent entrustment, South Dakota does not have a specific statute that addresses these issues directly. Instead, general negligence principles apply, and parents could potentially be held liable if it is proven that they failed to supervise their child appropriately or negligently entrusted their child with an instrumentality, such as a vehicle or firearm, which then led to property damage or injury. The application of these principles would depend on the specific facts of each case and the determination of a court.