What Parents Answer For
G.S. 1-538.1 — a child's willful harm, and up to $2,000
In North Carolina, any person or entity may recover actual damages from the parent or parents of a minor who maliciously or willfully injures that person or destroys their real or personal property.
Up to $2,000 in total. The recovery is limited to actual damages, not exceeding a total of two thousand dollars ($2,000).
Parents whose custody and control were removed by court order or by contract before the act are not liable under the section, and the section does not limit recovery from parents under common law remedies.
| The assumption | What the section actually does |
|---|---|
| The assumptionParents pay whatever the child caused | What the section actually doesActual damages up to a total of $2,000 under the section |
| The assumptionOnly property damage counts | What the section actually doesInjury to a person, or destruction of property |
| The assumptionA parent without custody pays too | What the section actually doesNot where custody and control were removed by court order or contract before the act |
Whether an act was malicious or willful is decided on the facts, and common law claims against parents run under their own rules. A licensed North Carolina attorney reads a specific case.
Sources for this section (1)
- G.S. 1-538.1 — Strict liability for damage to person or property by minors
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.