The Commonwealth, acting through the officers having charge of the public property involved, or the governing body of a county, city, town, or other political subdivision, or a school board may institute an action and recover from the parents or either of them of any minor living with such parents or either of them for damages suffered by reason of the willful or malicious destruction of, or damage to, public property by such minor. No more than $2,500 may be recovered from such parents or either of them as a result of any incident or occurrence on which such action is based.
§ 8.01-43.Action against parent for damage to public property by minor.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1996 · Last verified July 16, 2026
In one sentenceLets the Commonwealth, a local government, or a school board sue the parents of a minor who lives with them for willful or malicious damage the minor causes to public property, capped at $2,500 per incident.
Full Text of § 8.01-43
Plain-English Summary
The Commonwealth, acting through the officers in charge of the public property involved, or the governing body of a county, city, town, or other political subdivision, or a school board, may bring an action against the parents, or either of them, of a minor living with them, to recover for damages suffered from the minor’s willful or malicious destruction of, or damage to, public property.
Recovery is capped at $2,500 from the parents, or either of them, as a result of any one incident or occurrence. The next section, § 8.01-44, sets out the parallel remedy for damage to private property.
Frequently Asked Questions
Who can bring a lawsuit under this section?
The Commonwealth, acting through the officers having charge of the public property, or the governing body of a county, city, town, or other political subdivision, or a school board.
Does this section cover any damage a minor causes, or only certain kinds?
Only damages suffered by reason of the willful or malicious destruction of, or damage to, public property by the minor.
Is there a cap on how much can be recovered from the parents?
Yes. No more than $2,500 may be recovered from the parents, or either of them, as a result of any one incident or occurrence.
Do both parents have to be sued, or just one?
The section allows recovery from the parents or either of them, so the action can proceed against just one parent.
Does the minor have to be living with the parent being sued?
Yes. The action reaches the parents of a minor living with them at the time of the incident.
Amendment History
Code 1950, § 8-654.1; 1960, c. 132; 1972, c. 825; 1977, c. 617; 1983, c. 330; 1987, c. 193; 1994, cc. 508, 552; 1996, c. 698.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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