§ 8.01-44.Action against parent for damage to private property by minor.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1996 · Last verified July 16, 2026
In one sentenceLets any property owner sue a minor’s parents for up to $2,500 per incident when the minor willfully or maliciously destroys or damages the owner’s property, without giving up the right to recover in full from the minor beyond what the parents already paid, and without displacing any other law imposing parental liability.
Full Text of § 8.01-44
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The owner of any property 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, such 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. Any recovery from the parent or parents of such minor shall not preclude full recovery from such minor except to the amount of the recovery from such parent or parents. The provisions of this statute shall be in addition to, and not in lieu of, any other law imposing upon a parent liability for the acts of his minor child.
Plain-English Summary
The owner of any property 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, that property. This is the private-property counterpart to § 8.01-43’s public-property remedy, open to any property owner rather than only government entities.
Recovery from the parents is capped at $2,500 per incident or occurrence, the same limit as the public-property version. But that cap does not shield the minor: any recovery from the parents does not preclude full recovery from the minor, except to the extent already recovered from the parents. The section also states that it operates in addition to, not in place of, any other law that imposes liability on a parent for a minor child’s acts.
Frequently Asked Questions
How much can a property owner recover from a minor’s parents under this section?
No more than $2,500 as a result of any one incident or occurrence.
If the parents pay the $2,500 cap, can I still go after the minor for the rest of my damages?
Yes. Recovery from the parents does not preclude full recovery from the minor, except to the amount already recovered from the parents.
Does this section replace other laws that hold parents responsible for their children’s actions?
No. The section states it is in addition to, and not in lieu of, any other law imposing on a parent liability for the acts of a minor child.
Does the minor have to be living with the parent being sued?
Yes. The action reaches the parents, or either of them, of a minor living with them.
What kind of conduct by the minor triggers liability under this section?
Willful or malicious destruction of, or damage to, the owner’s property.
Amendment History
Code 1950, § 8-654.1:1; 1966, c. 532; 1972, c. 825; 1977, c. 617; 1984, c. 48; 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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