25-5-15 Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases ...
Parental liability for willful acts of child--Limitation of recovery--Motor vehicle
cases excepted--Specific findings in disputed cases.
Any person, firm, association, private or public
corporation, including the State of South Dakota and its political subdivisions, suffering damages
to real, personal, or mixed property, or personal injury, through any malicious and willful act of a
minor child under the age of eighteen years while residing with the child's parents, has a cause of
action against and may recover from the parents of such child. In each case the amount of recovery
against one or both of the parents is limited to actual damages of two thousand five hundred dollars
and the taxable court costs, and does not apply to damages proximately caused through the operation
of a motor vehicle by the minor child. If the issue is disputed, any determination that a parent is not
responsible for the full amount of actual damages and costs authorized by this section shall be
justified in a specific finding, in writing or on the record.
Source: SL 1957, ch 41; SDC Supp 1960, § 14.0309-1; SL 1979, ch 166; SL 1980, ch 188; SL
1993, ch 194; SL 2010, ch 136, § 1.