What Parents Answer For
G.L. c. 231, § 85G — a child's willful act, and no more than five thousand dollars
In Massachusetts, the parents of an unemancipated child older than seven and younger than eighteen are liable in a civil action for the child's willful act that injures or kills another person or damages another's property, larceny and damage to cemetery or public property included.
Proved loss, and no more than five thousand dollars. Recovery is limited to the amount of loss or damage proved, and in no event more than five thousand dollars.
The section does not apply to a parent who, under a court decree, did not have custody of the child when the act happened.
| The assumption | What the section actually does |
|---|---|
| The assumptionAny act of a child counts | What the section actually doesA willful act, by a child older than seven |
| The assumptionA parent without custody pays too | What the section actually doesNot a parent who lacked custody under a court decree at the time |
| The assumptionOnly property damage counts | What the section actually doesInjury or death to a person, or damage to property |
Whether an act was willful is decided on the facts, and a claim against the child directly runs under other law. A licensed Massachusetts attorney reads a specific case.
Sources for this section (1)
- G.L. c. 231, § 85G — Parents' liability for willful acts of minor children
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.