613.16  Parental responsibility for actions of children.

1.  The parent or parents of an unemancipated minor child under the age of eighteen years shall be liable for actual damages to person or property caused by unlawful acts of such child. However, a parent who is not entitled to legal custody of the minor child at the time of the unlawful act shall not be liable for such damages.

2.  The legal obligation of the parent or parents of an unemancipated minor child under the age of eighteen years to pay damages shall be limited as follows:

a.  Not more than two thousand dollars for any one act.

b.  Not more than five thousand dollars, payable to the same claimant, for two or more acts.

3.  The word "person" for the purpose of this section shall include firm, association, partnership or corporation.

4.  When an action is brought on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

Section History: Early form

  [C71, 73, 75, 77, 79, 81, § 613.16]

Section History: Recent form

  94 Acts, ch 1172, §40

Internal References

  Referred to in § 624.38, 645.3


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