Is a parent liable for the acts of his 13-year-old son?

Full question:

I live in Texas. My 13-year-old son had a fight with my neighbor’s son and he broke the windshield of my neighbor’s car. Am I liable for his acts?

  • Category: Minors
  • Subcategory: Liability of Parent
  • Date:
  • State: Texas

Answer:

In Texas, a parent is liable for the willful and malicious conduct of a child who has attained 10 years of age or above. Liabilities of Parents for the conduct of child are envisaged in Tex. Fam. Code § 41.001 which reads as:
 
“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.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, in Texas, parents can be held responsible for their children's crimes if the child is between 10 and 17 years old. This includes situations where the parent failed to exercise proper control or discipline over the child, leading to the criminal act. Texas Family Code § 41.001 outlines this liability.