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Parents of minors responsible for vandalism

Law Offices of Fred M. Duman & Associates 2807 Castro Valley Boulevard Castro Valley, California 94546 Tel: (510) 537-3388 Fax: (510) 889-1114

Dear

Mr. Duman:

We have been having continuous problems with vandalism caused by our neighbor's teenage boys.

We have witnesses, who saw the two boys painting obscene graffiti all over the front of our home and the garage. It cost hundreds of dollars to repaint our home. This type of harassment will not stop until the parents put a stop to it. Arenít parents liable for the acts of their minor children?

D.M., Dublin

Dear D.M.:

California Civil Code, Section 1714.1 does, in fact, impose civil liability for a minorís wilful misconduct upon the parents or guardian with custody and control of the minor causing injuries and/or property damage. The current maximum statutory dollar limit of liability is $25,000 for each injurious act.

Under "common law", prior to current statutory law, parents were generally not liable for the acts of their children, absent some actual negligence on the parentís part. This philosophy is reflected within Section 1714.1, which limits the statutory dollar amount of the imputed liability of a parent/custodial guardian.

Although the current overall dollar limit is $25,000, subdivision (c) of the statute provides that the overall dollar limit is to be adjusted every two years to reflect the cost of living increases in California, as indicated by the California Consumer Price Index. The statutory amount applied in each case is the amount in effect, when the injurious act occurred. Interestingly, Subdivision (e) limits the liability of the insurance company of a parent/guardian, to no more than $10,000.

In addition, claims for physical injuries under Section 1714.1 are limited to only reimbursement for actual medical, dental and/or hospital bills (if less than the maximum statutory limit).

The liability imposed upon the parent/guardian is "joint and several" with the guilty minor, meaning that both or either the minor and the parent/guardian can be held liable for up to the entire statutory amount.

With specific regard to your situation, Subdivision (b) of the statute also permits the recovery of attorneyís fees, in addition to court costs, for the "prevailing party" in any action based upon "Any act of willful misconduct of a minor which results in the defacement of property of another with paint or a similar substance". Ordinarily, the recovery of attorneyís fees is not permitted in most civil actions, unless provided for contractually.

If your loss was covered by your homeowner's insurance, you may wish to encourage your insurance carrier to pursue a lawsuit against your neighbor and the children.

As with any legal claim, you should consult with your lawyer, so as to obtain legal advice and/or counsel appropriate to your specific circumstances.

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