What Parents Answer For
Civ. Code 1714.1 — a child's willful misconduct, and $25,000 a tort, adjusted for cost of living
In California, a minor's willful misconduct that injures or kills another person or injures another's property is imputed to the parent or guardian with custody and control of the minor, who is jointly and severally liable with the minor for the damages.
$25,000 a tort, as adjusted. The parent's liability is capped at $25,000 for each tort of the minor, and for an injury to a person it is further limited to medical, dental and hospital expenses, also up to $25,000. Those amounts are adjusted every two years by the Judicial Council for the cost of living, and the cap that applies is the one in force when the act was committed.
Paint and graffiti. Willful defacement of another's property with paint or a similar substance is imputed the same way, and the prevailing party also recovers court costs and attorney's fees, within the same per tort cap.
Insurance. An insurer is not liable for the conduct the section imputes to a parent for more than ten thousand dollars ($10,000).
| The assumption | What the section actually does |
|---|---|
| The assumptionThe figure in the section is the figure today | What the section actually doesIt is adjusted every two years; the cap at the time of the act applies |
| The assumptionParents pay all of a person's injury claim | What the section actually doesFor an injury to a person, medical, dental and hospital expenses only, up to the cap |
| The assumptionInsurance covers the whole amount | What the section actually doesAn insurer is not liable for more than ten thousand dollars of the imputed conduct |
The liability adds to any other the law imposes. Whether misconduct was willful, and who had custody and control, are decided on the facts; the current adjusted figures are published by the Judicial Council. A licensed California attorney reads a specific case.
Sources for this section (1)
- Civ. Code 1714.1 — Parental liability for a minor's willful misconduct
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.