ORS 30.765¹
Liability of parents for tort by child
  • effect on foster parents

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort intentionally or recklessly committed by such child. However, a parent who is not entitled to legal custody of the minor child at the time of the intentional or reckless tort shall not be liable for such damages.

(2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $7,500, payable to the same claimant, for one or more acts.

(3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

(4) Nothing in subsections (1) to (3) of this section applies to foster parents. [1975 c.712 §§1,4; 1977 c.419 §1; 1991 c.968 §5]

Notes of Decisions

Allega­tion of inten­tional use of automobile by unemancipated mi­nor, even without intent to damage it, was sufficient to bring complaint within terms of this sec­tion. Francis v. Farnham, 58 Or App 469, 648 P2d 1349 (1982), Sup Ct review denied

This sec­tion makes parents responsible for their children’s inten­tional torts and general and special damages that flow therefrom and general damages, including cuts, bruises, bleeding and emo­­tion­al distress are recoverable as “actual damages.” Garrett v. Olsen, 71 Or App 93, 691 P2d 123 (1984)

Parent’s liability for check forged by unemancipated mi­nor child includes amount of check and costs, but trial court erred in awarding punitive damages, prejudg­ment interest and attorney fees in summary judg­ment in favor of credit union, where nothing in statute confers right to damages other than actual damages. Rogue Federal Credit Union v. Phillips, 121 Or App 630, 855 P2d 1146 (1993)

Law Review Cita­tions

28 WLR 455 (1992)

1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors030.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information