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Child custody

parental liability for conduct of child

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 Utah, parents can be held liable for the intentional or willful destruction of property by their minor children under Utah Code Ann. § 78A-6-1107. This statute limits parental liability to $2,000 per act of vandalism. Additionally, parents may be held liable for their child's negligent actions if the parents were negligent in supervising the child or in entrusting the child with an instrumentality, such as a vehicle or firearm, that could foreseeably cause harm if misused. The concept of negligent entrustment recognizes that parents have a duty to prevent foreseeable harm by not allowing their children access to potentially dangerous items when the children are not competent to handle them safely. However, the specifics of liability, including age and monetary limits, can vary and should be reviewed in the context of each individual case.

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Child custody

parental liability for conduct of child

Individual & Family Legal Plan

Articles

Utah State Code

Utah State Code

Child custody

parental liability for conduct of child

Articles