Personal Injury Topics / Parental Liability For Intentional Acts of Their Minor Children

Most parents are unaware that the intentional acts of their minor children causing injuries to others are imputed to the parents who have custody and control.  Civil Code Section 1714.1(a) states that any wilful misconduct of a minor will be imputed to the parent or guardian of that minor who has custody and control.  The only saving grace for that parent (if there really is one) is that the limitation of liability is $25,000.00. This is essentially vicarious liability strictly imposed by law.

Parents should keep in mind that the issue of custody and control does not mean “legal” custody, but rather “physical” custody.  Hence, even though one is a step parent with physical custody and control over that minor child, he or she could be liable up to $25,000.00 for the wilful acts of that minor. So if you are a parent, keep in mind that if your son or daughter intentionally injures another, you are not shielded from liability and would be liable up to $25,000.00 for the damage caused or created.