If your child commits a crime, can you be held responsible? It’s no surprise that children can make bad decisions. However, sometimes, the consequences of these poor decisions are so bad that a parent can become liable for their child’s actions.
In Illinois, parental responsibility laws define and enforce parents’ duties and obligations. These regulations are designed to ensure that parents are held accountable for their children’s actions, particularly when those actions result in harm or legal violations.
The Illinois Parental Responsibility Statute
The Illinois Parental Responsibility Statute (740 ILCS 115/) is intended to hold parents legally accountable for certain actions of their children. Specifically, this statute outlines the financial and legal responsibilities that parents may bear if their child causes damage or harm. The statute was implemented to encourage responsible parenting by ensuring that parents actively supervise their children and mitigate their potential for causing harm and damage.
Its key provisions include that parents can be held financially liable for damages caused by their minor children. This includes property damage or personal injury resulting from a child’s willful actions.
The law places a cap on the amount of damages parents can be required to pay, and the statute typically applies to minors under the age of 18 who still live with their parents or guardians. To hold parents liable, the injured party usually needs to file a claim demonstrating that the damages resulted from the child’s actions and the parents’ failure to supervise contributed to the harm.
What Actions Can Parents Be Held Liable For?
In Illinois, parents can be held liable for their children’s willful and negligent actions under certain circumstances. The Illinois Parental Responsibility Statute primarily addresses civil liability for damages caused by a minor’s actions.
Willful Actions
The statute explicitly holds parents liable for damages resulting from their child’s willful or intentional misconduct. This means if a minor deliberately engages in harmful or destructive behavior—such as vandalism or assault—parents may be financially responsible for the resulting damages.
Negligent Actions
While the statute does not directly address negligence in the same explicit manner as willful actions, parents can still be held liable for their child’s negligent actions under the general principles of tort law. If a child’s negligent behavior leads to damages, the injured party may pursue a claim under broader legal theories of negligence, which may indirectly implicate parental responsibility.
What Kind of Damages Can Parents Be Liable For?
It’s important to note that under the Illinois Parental Responsibility Statute, parents are primarily responsible for actual damages caused by their minor children. For example, property damage or medical expenses.
Non-economic damages, such as pain and suffering, are generally not covered under the specific provisions of the statute. Non-economic damages are more typically addressed through general tort claims and may not fall within the scope of the statute’s explicit provisions.
Property Damage
Parents can be held financially responsible for damages resulting from their child’s destruction or vandalism of property. This includes damage to both public and private property.
Personal Injury
If a minor’s actions cause physical harm to another person, parents may be liable for medical expenses and other related costs. Claims for non-economic damages like pain and suffering or emotional distress are usually pursued through separate legal avenues, such as common-law tort claims.
One of the most common tort claims involving the actions of a minor is dog bite claims, where a child has friends over at home, and the children are playing with the family dog outside the presence of the child’s parents. In an instance where the dog bites one of the children’s friends, the parents of the child who own the dog can be found liable for the injuries of the child who was bitten. However, in such an instance where the parents are found liable for the injuries of the minor dog bite victim, they are liable because of their status as the owner of the dog that bit the minor, not because of any negligence the parents’ own child may have committed.
Turn to Pullano & Siporin if You or Your Child Has Suffered Injuries Due to the Actions of a Minor
If you have concerns or questions about whether you can bring a claim for injuries your child suffered related to the actions of another minor, reach out to the experienced legal team at Pullano & Siporin. Navigating the complexities of parental liability under the state’s laws can be challenging, and having expert guidance can make all the difference.
Our firm specializes in personal injury law and is well-versed in the nuances of the Illinois Parental Responsibility Statute. We are here to provide personalized legal advice, address your specific concerns, and help you understand your rights and obligations.
Don’t leave your legal matters to chance. Contact us today to schedule a consultation and ensure that you are fully informed and prepared to handle any issues related to your child’s behavior.