Most people know that children who engage in delinquent conduct are subject to juvenile court proceedings. However, did you know that a person may have civil liability for the wrongful conduct of a child in their care?

Under the Texas Family Code, "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 12 years of age but under 18 years of age." For wilful and malicious conduct, recovery is limited to $25,000.00 actual damages per act, plus court costs and reasonable attorneys fees. This limit is per act, not per episode. When two teenagers decided to plug sinks and turn on the water in three homes, each homeowner received a separate award against the parents. There is a special section on damage to hotel rooms.

Regarding negligent conduct, there are no age restrictions or monetary limits of liability. Additionally, exemplary damages can be awarded. In one case, a boy's nose and tooth were broken in a fight at a sporting event. The jury awarded $9,000.00 for pain and mental anguish, and $8,100.00 in exemplary damages.

Parental liability has also been asserted in cases involving the negligent entrustment or accessibility of dangerous instruments to a child, including guns and automobiles.

The good news is that few cases are pursued under this law, and homeowner's insurance may provide coverage.