Understanding a parent’s or legal guardian’s possible culpability in Colorado for a minor’s “willful wrongdoing” or carelessness.
Most states have some kind of parental responsibility legislation, under which a parent or legal guardian may be held liable for damages caused by their underage children. Parents are not necessarily accountable for everything their children do, but they are often financially liable if their kid willfully or maliciously destroys property or injures someone. In certain situations, parents may even be held liable for any injury their kid inadvertently causes.
When it comes to covered behavior and the boundaries of financial obligation, each state’s legislation is different, although parents (and legal guardians, among others) may be held liable for three types of damages caused by underage children:
Items damage, stolen property, and/or personal injury are all possibilities.
This article focuses on the most important aspects of Colorado’s parental responsibility legislation.
What are the Parental Responsibility Laws in Colorado?
Colorado has enacted a variety of rules that govern when parents are held accountable for their children’s conduct. Colorado’s Parental Responsibility Laws, in particular, concentrate on two areas:
Injury/Damage (as defined by Colorado Revised Statute Section 13-21-107), as well as Shoplifting (covered by Colorado Rev. Stat. Section 13-21-107.5).
Under Colorado law, how old must the child be?
Parents and legal guardians are solely accountable for their underage children’s acts under parental responsibility legislation. The definition of minority age varies from state to state. Because Colorado, like other states, establishes the age of majority at 18, the rules outlined below apply solely to children under the age of 18.
When a Minor Child Injures or Destroys Property
According to Colorado Rev. Stat. Section 13-21-107, the parents of a juvenile living at home may be held accountable if the youngster deliberately or knowingly damages or destroys the property (real or personal) of another.
Individuals, governments, school systems, companies, religious groups, and other types of property owners may hold the parents accountable.
The parents will be liable for the full cost of the damages, up to $3,500. Furthermore, the parents will be liable for the court expenses and legal fees incurred by the property owner in taking the issue to court.
Parents of minors living at home may also be held liable for physical harm caused by their minor kid (such as through intentional acts like assault and battery). Parents, like property owners, are liable for the actual cost of the injuries (up to $3,500), plus court expenses and attorney fees.
$3,500 may not seem like much, but it may add up in certain situations. Parents may be held accountable to many individuals or property owners. For example, if a juvenile (or a gang of minors) vandalsizes numerous automobiles, each car owner is entitled to up to $3,500 in damages, plus charges and penalties.
Parental Obligation for a Child’s Shoplifting
If a juvenile is found stealing, the youngster’s parents will be held financially liable to the owner of the property under Colorado Rev. Stat. Section 13-21-107.5. If a juvenile removes something without paying for it or changes the price tag on the goods, the parents will be held liable.
In terms of what parents are liable for, they must pay for the real damages, i.e. the property’s worth. Furthermore, parents may be liable to a penalty (payable to the property owner) ranging from $100 to $250.
Under the shoplifting legislation, there is no limit on the amount of actual damages a property owner may collect against a juvenile’s parents (unlike the $3,500 maximum on parental culpability when a minor deliberately or knowingly destroys property or injures someone).
In Colorado, the common law may still place parental responsibility on parents.
Even if a minor’s acts are not covered by the rules described above, the common law may hold parents liable for the minor’s conduct. For example, if a parent knows his or her kid participates in particular behaviors in a careless or reckless way, the parent may be held liable for failing to take reasonable precautions to prevent the child from causing foreseeable injury.
For example, a parent may be aware that their little kid often speeds when driving a vehicle. Despite this information, the parent lets the youngster drive without any limits. If the youngster causes an accident while speeding, the parent may be held liable for the resultant injuries and property damage.