Is a parent liable for the damages caused by a unemancipated minor child living separate in Vermont?

Full question:

My son (16 year old) lives separately, although he is not emancipated yet. He recently got into a fight with his neighbor’s son and damaged the neighbor’s car. For the sole reason that my son is unemancipated and a minor, am I legally liable for the damage caused to the neighbor’s car? We live in Vermont.

• Category: Minors
• Subcategory: Liability of Parent
• Date: 04/07/2025
• State: Vermont

Answer:

Yes, as the parent of a unemancipated minor child you are responsible for their actions and any damage caused. In Vermont, if an unemancipated minor who is below the age of 18 years willfully of maliciously damages any public or private property or injures any person , then either of his or her parents shall be liable to the owner of such property or to the person injured by the minor. The relevant statutory provision in this regard is stated below.

15 V.S.A. § 901 states:

“(a) When an unemancipated minor under the age of 18 years willfully or maliciously causes damage to any property, public or private, or injury to a person, either of his or her parents shall be liable to the owner of such property or to the person injured, in an action on this statute, for the damage to property, injury to person, or either, in an amount not to exceed $ 5,000.00 provided such minor would be liable had such minor been an adult. If the damage or injury is caused by two or more such minors, a parent shall be liable for each of his or her children subject to the provisions of this section in an amount not exceeding $ 5,000.00. The remedy herein provided shall be in addition to, and not in lieu of, any other remedy which may exist at law, except, however, that any judgment subsequently recovered in any action brought for money damages on account of the damage or injury herein contemplated shall be reduced by the extent of any previous judgment recovered in any other such action.”