Introduction

This article provides general information about Georgia statutes related to parental liability for acts of minor children. The information presented consists of direct quotations from Georgia law and does not constitute legal interpretation or advice.

Scenario

A thirteen-year-old resident of Macon, Georgia, throws a baseball while playing in a neighborhood on Bloomfield Road. The baseball breaks a window of a nearby house. The minor’s parents were not present at the time of the incident. The property owner discovers the broken window and identifies the minor responsible.

Georgia Law

Parental Liability for Torts of Minor Children

Georgia Code § 51-2-2: “Every parent or guardian shall be liable for the torts of his or her minor child when the tort is committed: (1) While the minor is living with such parent or guardian; and (2) The tort of the minor is the result of the willful or malicious act of the minor.”

Limitation on Parental Liability

Georgia Code § 51-2-3(a): “The liability of the parents for the tort of their minor child shall not exceed $10,000.00 plus court costs for: (1) Willful or malicious acts of their children that result in damage to the property of another; or (2) Willful or malicious acts of their children that result in personal injury to another, not including personal injury covered by hospitalization or medical expenses.”

Property Damage by Minors

Georgia Code § 51-2-3(c): “Recovery under this Code section shall be limited to actual damages proven to have been caused by the minor plus court costs.”

Conclusion

The scenario describes property damage caused by a minor in Macon, Georgia. Georgia Code § 51-2-2 addresses parental liability for torts of minor children. Georgia Code § 51-2-3 establishes limitations on such liability. These statutes establish the framework for parental liability under Georgia law.

FAQ

Q: What does Georgia Code § 51-2-2 state about parental liability? A: Georgia Code § 51-2-2 states parents “shall be liable for the torts of his or her minor child when the tort is committed: (1) While the minor is living with such parent or guardian; and (2) The tort of the minor is the result of the willful or malicious act of the minor.”

Q: What is the monetary limit on parental liability under Georgia law? A: Georgia Code § 51-2-3(a) states: “The liability of the parents for the tort of their minor child shall not exceed $10,000.00 plus court costs.”

Q: What types of damages are recoverable under Georgia Code § 51-2-3? A: Georgia Code § 51-2-3(c) states: “Recovery under this Code section shall be limited to actual damages proven to have been caused by the minor plus court costs.”

Q: Where are parental liability laws found in the Georgia Code? A: Parental liability laws are found in Georgia Code Title 51, Chapter 2.

Q: Does Georgia law require the parent to be present for liability to attach? A: Georgia Code § 51-2-2 requires the minor to be “living with such parent or guardian” but does not address parental presence at the time of the tort.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.