38-120. Recovery from parents for malicious or willful acts by certain children; limitations. Any person receiving bodily injury or any person, partnership, corporation, political subdivision or other entity whose property has been damaged or destroyed shall be entitled to recover damages in an appropriate action at law in a court of competent jurisdiction from the parents of any child, living with the parents, who maliciously or willfully injured such person or damaged or destroyed such property while under the age of 18 years. Such recovery shall be limited to the actual damages in an amount not to exceed $5,000, in addition to taxable court costs, unless the court or jury finds that the malicious or willful act of such minor causing such injury, damage or destruction is the result of parental neglect, in which event the $5,000 limitation does not apply. Recovery under this section for bodily injury shall be limited to actual medical expenses.
History: L. 1959, ch. 203, § 1; L. 1965, ch. 275, § 1; L. 1978, ch. 156, § 1; L. 1995, ch. 257, § 5; July 1.
Structure Kansas Statutes
Article 1 - General Provisions
38-102 Minor bound by contracts, when.
38-103 Contracts that may not be disaffirmed.
38-104 Payment for personal services.
38-108 District court may confer rights of majority.
38-109 Petition for rights of majority; notice; hearing; decree.
38-110 Costs of proceedings under 38-108 to 38-110.
38-111 When minors may be excluded from courtroom during trials or hearings.
38-112 Children's homes; powers of corporations.
38-115 Same; donations and bequests; appropriations by cities or counties over 30,000.
38-116 Same; purchase and sale of property.
38-120 Recovery from parents for malicious or willful acts by certain children; limitations.
38-122 Consent by parent for surgery and other procedures on child.
38-123 Consent for medical care of unmarried pregnant minor.
38-123a Donation of blood by persons over 16; compensation.
38-123b Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.
38-135 Definitions; immunization of minor children.
38-136 Immunization of minor children; written delegation of consent by parent.
38-137 Same; consent for immunization by person other than parent, when.
38-138 Health care provider to provide information to person consenting to immunization.
38-139 Health care provider has immunity if relying on consent.
38-140 Consent to immunize under 38-2217 or 38-2316 not affected.
38-142 Grandparents as caregivers act; citation.
38-144 Grandparents as caregivers program; administration.
38-145 Same; eligibility requirements.
38-146 Same; eligibility of persons other than grandparent.
38-148 Same; annual report to the legislature; rules and regulations.