Parents might be liable for damages caused by their child, under certain circumstances
Just when you think your child would never… well, they did. Here’s how the law works to help victims injured by children and set a maximum for what a parent has to pay.
Do you ever watch your spouse do something and mentally blame your mother-in-law (if you have a spouse, that is)? C’mon, you know you’ve thought about it. And the same likely goes for any romantic partner—we tend to believe that some of their flaws are partly due to their upbringing.
Is it fair? Maybe in some cases, it is. But often, it’s not. We’re individuals and how we behave and the choices we make are informed by a lifetime of experiences, decisions, interactions, and other factors related to our own mental health and personality. And, yes, maybe some of it is because of our upbringing.
But none of this is the theory behind parental liability laws.
Parental liability laws hold parents or legal guardians responsible for certain actions of their minor children if those actions cause injury or property damage.
The reason isn’t to blame or punish the parents for raising a child who injures someone. The reason is that the victim deserves to be made whole. In personal injury law, a victim is meant to be made whole—restored to the financial position they would be in if the injury had never happened.
Generally, a child does not have the financial means to compensate a victim, even if the injury is the child’s fault. In addition, a minor generally cannot legally agree to a contract (like a driver’s license) without their parent’s consent. This extends the financial liability to the parent if a minor causes an accident.
And yet, a victim deserves to be compensated for their injuries, which means the parent is usually responsible on the child’s behalf.
Illinois Parental Responsibility Law
Property damage, vandalism and theft
The Illinois Parental Responsibility Law (740 ILCS 115) says a parent or legal guardian can be held liable for property damage or theft caused by their child who is under 18 years old. This includes vandalism, graffiti or theft.
The maximum a parent will be responsible for under the law is usually $20,000 per incident of property damage or theft. However, if there are multiple incidents, the parents could be responsible for up to that amount for each. There is no cap on the number of incidents for which they can be held liable.
Negligent supervision
A parent is responsible for supervising their child. This could certainly extend to school, childcare, or other situations where applicable. However, if the parent is aware that the child has a history of dangerous or reckless behavior, they could be held liable for negligence if they fail to supervise the child adequately.
For instance, if the parent is aware that the child engages in vandalism or violence and does not take steps to intervene, the parent could be liable for resulting damages.
Personal injury or bodily harm
If a minor intentionally or willfully injures another person—physical assault or reckless behavior that leads to injury—the parent could be legally responsible.
This type of action also limits liability at $20,000 per incident.
Motor vehicle accidents
When a minor (under age 18) applies for a driver’s license, the parent or guardian must sign a consent form acknowledging financial liability if the minor causes an accident. The parent could be responsible for damages up to their insurance policy limits and out-of-pocket costs if the accident costs more than their policy covers.
Exceptions to Illinois Parental Responsibility Law
There are two main exceptions to this law.
First, parental liability generally only applies to willful or malicious acts. Unintentional injuries or accidental property damage likely are not included under this law unless there’s an issue of negligent supervision.
Here’s a scenario:
The Smiths have a developmentally disabled 16-year-old son, Victor. Victor does not have a driver’s license because of his disability. He is not typically allowed to be home alone because he has impulsive behavior that could be dangerous to his own safety, and he is known to leave the house alone and not know how to get back.
One day, Victor’s dad decides to leave Victor home alone for a few hours. Victor’s mom is working late and Dad wants to grab coffee with a friend, so he decides it’s probably okay for Victor to hang out at home for a while (even though there are reasons why he knows they don’t typically do this).
Dad’s friend offers to pick him up and drive him to the coffee shop, so Victor’s dad leaves his own car in the driveway and the keys on the kitchen counter, where they always stay. While Dad is out and Mom’s at work, Victor lets his curiosity and impulsivity get the best of him. He does not have the developmental capability to understand why driving a car without a license is wrong and also dangerous. He takes his dad’s keys and gets in the car in the driveway, never having driven a car before. Needless to say, as he travels down their street, Victor collides with another vehicle. The vehicle is damaged and the driver suffers minor injuries.
Although the act was unintentional—Victor did not have the mental capacity to intend to cause damage—his parent could be held liable for negligent supervision. He knew his son’s limitations and was negligent in leaving him home alone, with a car and keys accessible.
The second exception is an emancipated minor. If a minor is legally emancipated, parents are generally not liable for their actions. Emancipation occurs when a minor gains legal independence, often through court processes, marriage, or military service.
Parental liability laws in Illinois aim to balance holding parents accountable for their children’s intentional wrongdoing with limiting excessive financial liability.
If you think you’re going to be held liable for damage or injury your child caused, consult an Illinois personal injury lawyer to for legal guidance.
Read more:
Guide to Illinois Laws for Child Injuries
See our guide Choosing a personal injury attorney.