Q: A Minor Child Caused Injury or Property Damage.
May I Sue the Parent in Oregon?

A: Quite possibly.

Sometimes, minors do bad things that cause harm to others. Sometimes, it's a relative minor, like vandalism. Sometimes its major, like sexual abuse of another minor. People ask me whether Oregon law permits a lawsuit against the parent. This page covers that topic. If you already know you have a claim and you need an Oregon Trial Attorney, you may call me at 503-665-4234.

Oregon law permits those injured by children to file claims against the parents under certain circumstances. One is when the Oregon parent was negligent in a way that contributed to the problem. The other is when a special Oregon statute creates a claim against the parent.

Victim May Sue Parent for His or Her Own Negligence.

If the parent's own negligence, in part, caused the injury or problem, then the injured person may sue the parent for the minor's conduct. For example, if a parent's carelessness makes it possible for a minor to gain control of the car and the minor crashes the car, then the injured person can sue the parent.

Oregon Revised Statute 30.198 - Parent Liable for Intimidation by a Minor.

When bullying rises to the level of intimidation that is prohibited by ORS 165.155 or 166.155, then the victim may sue for an injunction to stop it, plus money damages for injuries or emotional distress, plus punitive damages. If the bully is an "unemancipated" minor, then parents or legal guardians must pay the judgment up to $5,000.

Oregon Revised Statute 30.765 - Tort of a Minor.

If an Oregon minor causes personal injury or property damage because of intentional or reckless conduct, then the custodial parent(s) may be liable to pay for the damage, up to $7,500.

For example, if a kid punches, kicks or otherwise commits "battery," that would be intentional conduct for which the parents could be liable. Spray painting or otherwise vandalizing property would be another example of an intentional "tort" that would make the parents responsible to pay for the damage.

In Oregon, a bank was able to use this law to recover against a parent after the son stole a check, forged her signature, and cashed the check.

This is a good law to know about if you have a "bad seed" causing damage in the neighborhood.