Is a parent legally responsible for the willful or malicious acts of an underage minor who lives with the parent? The answer is yes.

In Illinois, parents who have a minor who lives with them are liable for the actual damages incurred due to the willful or malicious acts of the minor, including damages caused by a minor who has been adjudicated delinquent. This does not mean that the parent is only liable after the minor has been in trouble with the law, but it does mean that once the minor has been in trouble with the law, the parent will definitely pay. The Parental Responsiblity Act also provides that the parent pay the attorneys fees of the damaged party.

Allow me to illustrate with a scenario that is becoming more and more common. Little Johnny Jones is stopped by security at the Targ-Mart Store without paying for the iPod in his backpack. Targ-Mart does not press charges as the iPod was recovered. Mr. Jones, Johnny's father, receives a letter from Targ-Mart's attorneys demanding $3,000 to settle Targ-Mart's claim for damages and attorney's fees. Does Mr. Jones have to pay?

The answer is yes. Targ-Mart will claim damages in obtaining the security tapes, investigation expenses, restocking fees, ect. The attorney's fees, if the claim is litigated, will far surpass the $3,000 being demanded. The reality is that Mr. Jones will have to contribute to the multi-billion dollar profits of Targ-Mart because little Johnny shoplifted an iPod. Is this the result that the Parental Resposniblity Act intended? Probably not but it is the result that is occuring more freqently.