Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-801 (2026)

Destruction of property; infliction of personal injury; limitation

✓ current as of July 2026
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The parents shall be jointly and severally liable for the willful and intentional infliction of personal injury to any person or destruction of real and personal property occasioned by their minor or unemancipated children residing with them, or placed by them under the care of other persons; Provided, that in the event of personal injuries willfully and intentionally inflicted by such child or children, damages shall be recoverable only to the extent of hospital and medical expenses incurred but not to exceed the sum of one thousand dollars for each occurrence.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1957–2024 · leading case: Distinctive Printing & Packaging Co. v. Cox, 443 N.W.2d 566 (Neb. 1989).
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Distinctive Printing & Packaging Co. v. Cox, 443 N.W.2d 566 (Neb. 1989). · cites it 52× “Cox; and Susana Hernandez, under the provisions of the parental liability statute, Neb.Rev.Stat. § 43-801 (Reissue 1988), asserting the defendants' respective resident minor sons willfully and intentionally set fire to plaintiff's property.”
Popple by Popple v. Rose, 573 N.W.2d 765 (Neb. 1998). · cites it 19× “The Popples argued they were not seeking recovery under the parental vicarious liability statute, Neb. Rev. Stat. § 43-801 (Reissue 1993), but, rather, were seeking to hold the Roses liable for their independent negligence in failing to warn the Popples of W.”
Gourley Ex Rel. Gourley v. Nebraska Methodist Health Sys., Inc., 663 N.W.2d 43 (Neb. 2003). · cites it 6× “2d 566 (1989), we upheld the constitutionality of a limit of recovery of damages under the parental liability statute, Neb.Rev.Stat. § 43-801 (Reissue 1998). In determining that § 43-801 did not violate principles of equal protection or the prohibition against special…”
In re Interest of Jeovani H., 6 N.W.3d 539 (Neb. 2024). · cites it 2× “20 See Neb. Rev. Stat. § 43-801 (Reissue 2016). - 735 - Nebraska Supreme Court Advance Sheets 316 Nebraska Reports IN RE INTEREST OF JEOVANI H.”
Durkan v. Vaughan, 609 N.W.2d 358 (Neb. 2000). · cites it 3× “Although a statutory duty was never pled, the trial court noted that because the son was 19 years of age at the time of the incident, the Vaughans could not be held liable for his actions under Neb. Rev. Stat. § 43-801 (Reissue 1998). The trial court then determined that Durkan…”
Pr Halligan, Post 163, Etc. v. Schultz, 322 N.W.2d 657 (Neb. 1982). · cites it 3× “The first cause of action alleges that the parents are liable for the willful and intentional acts of their son under the provisions of Neb. Rev. Stat. § 43-801 (Reissue 1978). The second cause of action alleges that the parents were negligent in the supervision of their minor…”
Mindt v. Shavers, 337 N.W.2d 97 (Neb. 1983). · cites it 2× “Under the first theory it was alleged that the parents were liable for the willful and intentional acts of their son under the provisions of Neb. Rev. Stat. § 43-801 (Reissue 1978). Under the second theory it was alleged that the parents were negligent in the supervision of…”
Davidson v. Simmons, 280 N.W.2d 645 (Neb. 1979). · cites it 2× “22, but not exceeding $1,000 as to each couple, under section 43-801, R. R. S. 1943. The District Court entered judgment against the respective defendants in accordance with the verdict.”
Camerlinck v. Thomas, 312 N.W.2d 260 (Neb. 1981). · cites it 2× “2d 367 (1957), which case involved a slightly different question, that is, whether a child of the tender age of 4 years and 7 months was legally incapable of committing a willful and intentional act of destroying property within the purview of Neb. Rev. Stat. § 43-801 (Reissue…”
Neill v. McGinn, 122 N.W.2d 65 (Neb. 1963). · cites it 2× “This because section 43-801, R. R. S. 1943, makes the *380 parents jointly and severally liable for the willful and intentional destruction of property by their minor or unemancipated children residing with them.”
Connors v. Pantano, 86 N.W.2d 367 (Neb. 1957). · cites it 2× “The plaintiff’s right to recovery is based on section 43-801, R. R. S. 1943. This statute was enacted by the 1951 Legislature and provides as follows: “The parents shall be jointly and severally' liable for thd willful and intentional destruction of real and personal property…”
Bunkerhill Farms, Inc. v. Sterr, 687 N.W.2d 913 (Neb. Ct. App. 2004). · cites it 2× “§ 43-801 (Reissue 1998), which states: The parents shall be jointly and severally liable for the willful and intentional infliction of personal injury to any person or destruction of real and personal property occasioned by their minor or unemancipated children residing with…”
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