Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85G (2026)

Parents' liability for willful acts of minor children

✓ current as of July 2026

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Section 85G. Parents of an unemancipated child under the age of eighteen and over the age of seven years shall be liable in a civil action for any willful act committed by said child which results in injury or death to another person or damage to the property of another, which shall include any damages resulting from a larceny or attempted larceny of property as set forth in section thirty A of chapter two hundred and sixty-six, damage to cemetery property or damage to any state, county or municipal property or damage as set forth in sections one hundred and twenty-six A and one hundred and twenty-six B of chapter two hundred and sixty-six. This section shall not apply to a parent who, as a result of a decree of any court of competent jurisdiction, does not have custody of such child at the time of the commission of the tort. Recovery under this section shall be limited to the amount of proved loss or damage but in no event shall it exceed five thousand dollars.

Notes of Decisions

Cited in 21 cases, 1972–2013 · leading case: Kerins v. Lima, 680 N.E.2d 32 (Mass. 1997).

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Kerins v. Lima, 680 N.E.2d 32 (Mass. 1997). · cites it 14× “The defendants filed a “Motion to Dismiss and/or for Summary Judgment,” on the ground that G. L. c. 231, § 85G, did not apply to foster parents.”

Benoit v. Frederickson, 908 N.E.2d 714 (Mass. 2009). · cites it 2× “Benoit filed this action in the Superior Court in June, 2005, seeking damages against Frederickson for malicious prosecution, false imprisonment, and defamation, as well as recovery against her parents pursuant to G. L. c. 231, § 85G. 4 The defendants filed counterclaims, as…”

Spence v. Gormley, 439 N.E.2d 741 (Mass. 1982). · cites it 2× “First, the Legislature has since enacted a statute, G. L. c. 231, § 85G, as appearing in St. 1979, c.”

Commonwealth v. Barboza, 438 N.E.2d 1064 (Mass. 1982). · cites it 2× “172, that holds parents liable for "any willful act committed by [an unemancipated child under age eighteen] which results in injury or death to another person or damage to the property of another," apparently without regard to the parents' scienter or opportunity for control.”

Gen. Elec. Co. v. Dep't of Env't Prot., 711 N.E.2d 589 (Mass. 1999). “The question there was whether the term “parents” in G. L. c. 231, § 85G, included foster parents.”

Nunez v. Carrabba's Italian Grill, Inc., 859 N.E.2d 801 (Mass. 2007). “108, 111 (1997) (enactment of G. L. c. 231, § 85G, changed common law and imposed strict liability on parent for intentional acts of child); Commonwealth v.”

Silvia v. Silvia, 400 N.E.2d 1330 (Mass. App. Ct. 1980). “G. L. c. 231, § 85G, inserted by St. 1979, c.”

Kromhout v. Commonwealth, 500 N.E.2d 789 (Mass. 1986). “214, § 3 (9); G.L.c. 231, § 85G; G.L.c. 258, § 2; G.L.c.”

Grass v. Catamount Dev. Corp., 457 N.E.2d 627 (Mass. 1983). “229, §§ 6C, 6E; G. L. c. 231, § 85G; G. L. c. 258, § 2; G.”

Flood v. Southland Corp., 601 N.E.2d 23 (Mass. App. Ct. 1992). “The complaint also contained counts against Darcy’s parents for negligent supervision and, under G. L. c. 231, § 85G, for Darcy’s “willful act in holding and using a knife in such a manner as to cause injury to David Flood.”

Commonwealth v. Avram A., 982 N.E.2d 548 (Mass. App. Ct. 2013). “Finally, the juvenile claims the judge’s restitution order ignores G. L. c. 231, § 85G, which provides a civil cause of action against parents for victims of intentional acts done by the parents’ child.”

Rogers v. Shay, 1984 Mass. App. Div. 105 (Mass. Dist. Ct., App. Div. 1984). “186, § 14; (3) Negligence on the part of the defendant in that she knew or should have known of her children’s abusive, threatening and dangerous behavior towards the plaintiffs and did nothing to control or restrain their conduct or propensity to such conduct; and (4) Violation…”

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