What Parents Answer For
Wis. Stat. 895.035 — a child's willful act, and up to $5,000 from the parents
In Wisconsin, the parent or parents with custody of a minor child are liable, even where the common law would not make them so, for property damage, the cost of removing graffiti, the value of stolen property not recovered, or personal injury attributable to the child's willful, malicious or wanton act.
Up to $5,000 for one act. Recovery from the parents may not exceed $5,000 for damages from any one act of a child, plus taxable costs and disbursements and reasonable attorney fees. If two or more children of the same parents commit the same act, the total is still $5,000. A school board can recover up to $20,000 for certain acts against a school.
Custody decides which parent. A parent has custody under the section by court order, stipulation, or actual physical custody, and the court looks at which parent was responsible for caring for and supervising the child when the act happened.
A juvenile court adjudication that the child committed the act, if admissible, stops the parents from denying in the civil case that the child did it.
| The assumption | What the section actually does |
|---|---|
| The assumptionOnly property damage counts | What the section actually doesProperty, graffiti removal, unrecovered stolen property, or personal injury |
| The assumptionEach child doubles the limit | What the section actually doesTwo or more children of the same parents, one act: $5,000 in total |
| The assumptionThe parent can argue the child did not do it | What the section actually doesNot after an admissible adjudication that the child did |
Retail theft and unpaid restitution run under their own provisions, which the section names. Whether an act was willful, malicious or wanton is decided on the facts. A licensed Wisconsin attorney reads a specific case.
Sources for this section (1)
- Wis. Stat. 895.035 — Parental liability for acts of minor child
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.