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Parental Liability for What Their Children Do

A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:

  1. The negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or
  2. The wilful and malicious conduct of a child who is at least 10 years of age but under 18 years of age.

Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney’s fees.

A suit as provided by this chapter may be filed in the county in which the conduct of the child occurred or in the county in which the defendant resides.