What Parents Answer For
Gen. Oblig. Law § 3-112 — a child over ten, willful damage, and up to five thousand dollars
In New York, the parent or legal guardian of a child over ten and under eighteen, other than the state, a social services department or a foster parent, is liable for damage the child willfully, maliciously or unlawfully does to public or private property, for property the child takes after unlawfully entering a building, and for the cost of responding to a false report or false bomb the child made.
Up to five thousand dollars. The damages part of a judgment under the section can never exceed five thousand dollars.
A hearing on ability to pay. Before a judgment of five hundred dollars or more, the court gives the parent a chance to show financial inability to pay the part above five hundred dollars, and if that is shown, enters a judgment within the parent's means, but not for less than five hundred dollars.
Defenses, and one that is not. It is a defense that restitution was already paid under the provisions the section names, or that the child had voluntarily and without good cause left home and refused the parent's guidance before and at the time. It is not a defense that the parent supervised diligently, though the court may weigh mitigating circumstances.
| The assumption | What the section actually does |
|---|---|
| The assumptionA careful parent cannot be liable | What the section actually doesDiligent supervision is not a defense, though mitigating circumstances may be weighed |
| The assumptionAny child's act counts | What the section actually doesA child over ten and under eighteen |
| The assumptionThere is no limit | What the section actually doesUp to five thousand dollars, with a hearing on ability to pay |
Whether an act was willful, malicious or unlawful is decided on the facts, and injuries to people run under other law. A licensed New York attorney reads a specific case.
Sources for this section (1)
- Gen. Oblig. Law § 3-112 — Liability of parents and legal guardians having custody of an infant for certain damages caused by such infant
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.