Parents and guardians may be held accountable for property damage committed by underage children under Alabama Code § 6-5-380. Find out more.
While not as far-reaching as other states’ parental responsibility laws, Alabama has a statute on the books that makes parents and legal guardians financially liable for certain actions taken by their children. In this essay, we’ll go through the essential points of this statute.
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In Alabama, Who Can Be Held Liable for a Minor’s Misbehavior?
Alabama’s parental responsibility statute is found in Code of Alabama § 6-5-380. This legislation may be used to hold a parent, legal guardian, or another person accountable for certain actions committed by a child (a “minor” is someone under the age of 18) when:
The person has “care or control” over the child since the minor lives with the person and has custody of the minor.
In Alabama, foster parents are not accountable for the behavior of their foster children.
What is the scope of Alabama’s Parental Responsibility Law?
Section 6-5-380 holds the parent or guardian accountable for “damage to or destruction of” someone else’s property, whether real property such as a home or other building or personal property, caused by the minor’s deliberate, willful, or malicious act or actions.”
As a result, this rule may only be utilized to hold a parent or guardian accountable when a kid acts intentionally and/or with the obvious intent to do harm. Liability cannot be triggered by mere carelessness or neglect. As a consequence, under this rule, a parent or guardian is not responsible for vehicle damage caused by a juvenile in an automobile accident. However, the legislation would apply to vandalism such as graffiti or smashing rocks through windows.
How Much Money Can Be Recovered Under Alabama’s Parental Responsibility Law?
This is when the limitations of Alabama’s parental responsibility statute become clear. Section 6-5-380 states unequivocally that parents and others are liable for “actual damages” stemming from property damage, but only up to $1,000.
So, even if the minor’s actions result in severe property damage, the owner of the property may only recover $1,000 from the parent or guardian (although the legislation also holds the parent or guardian accountable for the affected party’s court fees, which are not included in the $1,000 cap).
Alabama parents may still be held liable after this statute expires.
In Alabama, Section 6-5-380 may not indicate the extent of a parent’s or guardian’s possible culpability for a young child’s behavior.
Traditional fault theories such as negligence may still provide for liability for a child’s acts. Essentially, a parent may be responsible for any subsequent injury if they are aware of their kid’s harmful inclinations yet fail to take reasonable efforts to properly monitor the child, and someone is wounded in a predictable manner.
