2025 Session Last amended: 2005 session

§ 540.18 — Damage by Minor; Responsibility of Parent, Guardian, and Minor

Plain-Language Summary

Parents or guardians are jointly and severally responsible with their minor child (under 18) who is living with them for damage the child willfully or maliciously causes to people or property, up to $1,000, if the child would have been liable as an adult. The child remains personally liable too, and this liability is in addition to any other liability that may exist. Recovery is limited to special damages. This section does not apply to people who have custody of a minor under the authority of the state Human Services or Corrections Department.

Practical Notes
If your child under 18 lives with you and deliberately or maliciously damages someone’s property or injures someone, you can be held jointly liable for up to $1,000, but recovery is limited to special damages (the quantifiable, out-of-pocket losses), and only if the child would have been liable as an adult. The child stays personally liable, and this is in addition to any other liability that may exist. People who have custody of a minor under state Human Services or Corrections Department authority are exempt.