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NC General Statutes

N.C. Gen. Stat. § 1-538.1 (2026)

Strict liability for damage to person or property by minors

✓ current as of July 2026
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Any person or other legal entity shall be entitled to recover actual damages suffered in an amount not to exceed a total of two thousand dollars ($2,000) from the parent or parents of any minor who shall maliciously or willfully injure such person or destroy the real or personal property of such person. Parents whose custody and control have been removed by court order or by contract prior to the act complained of shall not be liable under this act.  This act shall not preclude or limit recovery of damages from parents under common law remedies available in this State. (1961, c. 1101; 1981, c. 414, s. 1; 1993, c. 540, s. 1.)

 

Notes of Decisions
Cited in 8 cases, 1963–2000 · leading case: Gen. Ins. Co. of Am. v. Faulkner, 130 S.E.2d 645 (N.C. 1963).
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Gen. Ins. Co. of Am. v. Faulkner, 130 S.E.2d 645 (N.C. 1963). · cites it 13× “G.S. 1-538.1, which was enacted by the General Assembly at its regular session in 1961, inclusive of the Title, reads: “DAMAGES FOR MALICIOUS OR WILFUL DESTRUCTION OF PROPERTY BY MINORS.”
Smith v. Simpson, 133 S.E.2d 474 (N.C. 1963). · cites it 3× “Linville v. Nissen, 162 N.C. 95 , 77 S.E. 1096 ; 8 N.”
Matter of Register, 352 S.E.2d 889 (N.C. Ct. App. 1987). · cites it 2× “" *897 Manifestly, the limit of the parents' civil liability for damage "maliciously or willfully" done to property by a juvenile pursuant to G.S. 1-538.1, is not the proper criteria for determining the punishment to be imposed upon that juvenile found to be delinquent under G.”
Moore v. Crumpton, 285 S.E.2d 842 (N.C. Ct. App. 1982). · cites it 2× “2d 645 (1963) was an action for damages under G.S. 1-538.1 for malicious or wilful destruction of property by minors.”
Matter of Berry, 235 S.E.2d 278 (N.C. Ct. App. 1977). “(See G.S. 1-538.1) but a requirement that a juvenile make restitution as a condition of probation must be supportéd by the record and appropriate findings of fact which demonstrate that the best interest of the juvenile will be promoted by the enforcement of the condition.”
In re McKoy, 530 S.E.2d 334 (N.C. Ct. App. 2000). · cites it 5× “§ 7A-649(2) (1995) (repealed 1 July 1999), set forth above, addresses only whether the juvenile has or could reasonably acquire the means to make restitution and does not address the parents’ ability to pay.”
In re Hardy, 251 S.E.2d 643 (N.C. Ct. App. 1979). “(See G.S. 1-538.1) but a requirement that a juvenile make restitution as a condition of probation must be supported by the record and appropriate findings of fact which demonstrate that the best interest of the juvenile will be promoted by the enforcement of the condition.”
S & N Freight Line, Inc. v. Bundy Truck Lines, Inc., 164 S.E.2d 89 (N.C. Ct. App. 1968). “The plaintiff insurer had paid some $2000 under its policy of insurance and brought the action against the parent to recover the statutory maximum of $500.”
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