What Parents Answer For
Family Code 41.001 — a child's negligence or willful damage, and up to $25,000
In Texas, a parent or other person with the duty of control and reasonable discipline of a child is liable for property damage proximately caused by the child's negligent conduct, where it is reasonably attributable to the parent's negligent failure to exercise that duty, or by the willful and malicious conduct of a child at least 10 and under 18 years of age.
Up to $25,000 an occurrence. Recovery for damage caused by willful and malicious conduct is limited to actual damages, not exceeding $25,000 per occurrence, plus reasonable and necessary attorney's fees, court costs and expenses.
| The assumption | What the section actually does |
|---|---|
| The assumptionOnly deliberate damage counts | What the section actually doesNegligent conduct also counts, where the parent negligently failed in the duty of control |
| The assumptionAny child's willful act counts | What the section actually doesWillful and malicious conduct of a child at least 10 and under 18 |
| The assumptionThe cap includes everything | What the section actually doesActual damages up to $25,000, plus attorney's fees, court costs and expenses |
These sections speak of property damage; injuries to people run under other law, and the chapter's other sections are not on this page. Whether conduct was negligent, or willful and malicious, is decided on the facts. A licensed Texas attorney reads a specific case.
Sources for this section (2)
- Fam. Code 41.001 — Liability
- Fam. Code 41.002 — Limit of damages
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.