38-120.
Recovery from parents for malicious or willful acts by certain children; limitations.
Any person receiving bodily injury or any person, partnership, corporation, political subdivision or other entity whose property has been damaged or destroyed shall be entitled to recover damages in an appropriate action at law in a court of competent jurisdiction from the parents of any child, living with the parents, who maliciously or willfully injured such person or damaged or destroyed such property while under the age of 18 years. Such recovery shall be limited to the actual damages in an amount not to exceed $5,000, in addition to taxable court costs, unless the court or jury finds that the malicious or willful act of such minor causing such injury, damage or destruction is the result of parental neglect, in which event the $5,000 limitation does not apply. Recovery under this section for bodily injury shall be limited to actual medical expenses.
History:
L. 1959, ch. 203, § 1; L. 1965, ch. 275, § 1; L. 1978, ch. 156, § 1; L. 1995, ch. 257, § 5; July 1.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1975–2023 · leading case:
South v. McCarter, 119 P.3d 1 (Kan. 2005).
South v. McCarter, 119 P.3d 1 (Kan. 2005).
· cites it 2× “The court reasoned that the plaintiffs failed to show that Joshua acted willfully or maliciously or that he intended to cause injury to Isaac necessary for a claim under K.S.A. 38-120 (recovery from parents for malicious or willful acts by certain children), tbat Loretta…”
Catholic Diocese of Dodge City v. Raymer, 840 P.2d 456 (Kan. 1992).
“holic Diocese, owner of the school, filed a petition against Anthony and his parents, Allan and Brenda Hammeke, alleging a; cause of action (1) for property damage against Anthony; (2) for property damage against Allan and Brenda based on their failure to exercise reasonable…”
Hanks v. Booth, 726 P.2d 1319 (Kan. 1986).
· cites it 5× “The action was brought pursuant to K.S.A. 38-120. Following trial to a jury a verdict was rendered in favor of Mr.”
Catholic Diocese of Dodge City v. Raymer, 825 P.2d 1144 (Kan. Ct. App. 1992).
“Catholic Diocese, owner of the school, filed a petition against Anthony and his parents, Allan and Brenda Hammeke, alleging a cause of action for property damage against Anthony; and a cause of action for property damage against Allan and Brenda based on their failure to…”
In Re William George T., 599 A.2d 886 (Md. Ct. Spec. App. 1992).
“1991) (resides with parent or legal guardian); Kan.Stat.Ann. § 38-120 (1986) (living with the parents); Ky.”
Rucker v. Davis, 203 F.3d 627 (9th Cir. 2000).
“§ 52-572 ; Kan. Stat. Ann. § 38-120 ; Or.Rev.Stat. § 30.”
Mem'l Lawn Cemeteries Ass'n, Inc. v. Carr, 540 P.2d 1156 (Okla. 1975).
· cites it 2× “The applicable Kansas statute, K.S.A. 38-120, in pertinent part provides “any * *, corporation or association, or any religious organization * *, shall be entitled to recover damages in an appropriate action at law in a court of competent jurisdiction from the parents of any…”
Hanks v. Booth, 716 P.2d 596 (Kan. Ct. App. 1986).
· cites it 2× “: Plaintiff brought a civil suit against defendants, parents of three minor children, pursuant to K.S.A. 38-120, alleging: (1) The children willfully and maliciously damaged and destroyed plaintiff s barn by starting a fire; and (2) the children’s conduct was due to parental…”
Crow v. Brezenski (D. Kan. 2023).
“§ 38-120 (imposing parental liability only for a child’s “malicious or willful” acts).”
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