Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding financial and legal responsibilities of parents for damage caused by their children is brought to you as a public service by the lawyers of the State of Oregon. The material presented is intended to alert you to possible legal problems and solutions.

The parent or parents of a child under the age of 18 may be financially responsible for acts committed by the child that injure or damage another person or another person's property. A parent is not responsible for the child's act if the child has been legally emancipated or is married. Emancipation means that the juvenile court has declared that a minor over 16 can live on his or her own and enjoy many adult rights and responsibilities. However, most children living with a parent are not emancipated.

If the parents are divorced, the parent who does not have custody of the child is not financially responsible for any damages the child causes. Nor do foster parents have financial or legal responsibility for the intentional, destructive acts of their foster children.

Even if the child is under 18, not emancipated, and commits an intentional or reckless act damages property or injures someone, a custodial parent is legally responsible only for the actual damages caused by the child. The injured party must prove that he or she suffered some real money loss. Examples of actual damages are medical bills for treatment of an injury or the painting cost for covering up graffiti.

Even if a person can prove actual damage, the most he or she can recover from the parent in most cases is $7,500, or the amount of actual damages, whichever is less. This $7,500 limit applies to each person making a claim, no matter how many separate acts the child committed.

There is no limit to the parents’ liability if a student intentionally destroys school property.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.