Parental liability in France: who pays for damage caused by a minor

Your 15-year-old took part in damage on the fringes of a protest, and a shop window or a car was destroyed. Who pays? Under French law, parental liability applies almost automatically, but insurance often covers most of it. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.

This article explains the Civil Code rule, its rewrite in 2025, the role of insurance and the remedies open to victims. It also covers the rarer criminal risks that target the parents themselves.

Parental liability: liability without fault

The rule sits in Article 1242, paragraph 4, of the Civil Code. Since Law No. 2025-568 of 23 June 2025, it reads: "Parents, insofar as they exercise parental authority, are, as of right, jointly and severally liable for damage caused by their minor children, except where the children have been entrusted to a third party by an administrative or judicial decision."

Three ideas stand out:

• As of right. The victim does not have to prove any failure in upbringing or supervision. Since the Bertrand ruling of the Court of Cassation (2nd civil chamber, 19 February 1997), parents can only escape liability through force majeure or the victim's own fault. Saying "we could not stop it" is not enough.
• A mere act of the child is enough. According to the full court (13 December 2002), the damage must have been directly caused by an act of the minor, even a non-faulty one. The child does not need a criminal conviction.
• Jointly and severally. The victim can claim the full amount from either parent. The parent who pays then turns to the other for their share.

Parental liability covers children who were minors at the time of the facts. It ends at 18, but a debt arising before that remains due.

Separated parents: the end of the cohabitation condition

For parental liability, the old text required the child to "live" with the parents. For years, only the parent with whom the child usually lived was liable as of right. The other parent, who only had visiting rights, escaped this liability.

The Court of Cassation ended that approach. In a full court ruling of 28 June 2024 (No. 22-84.760), it held that cohabitation flows from the joint exercise of parental authority. It only ends if a judicial or administrative decision entrusts the child to a third party.

The Law of 23 June 2025 then removed the word "living" from the Civil Code. The result: two separated parents who share parental authority are both liable for the damage, wherever the child lives. A parent stripped of parental authority falls outside the text.

The only exclusion concerns a child entrusted to a third party by a decision: a placement ordered by the children's judge, for example. A stay with grandparents arranged by the family, a holiday camp or a boarding school is not enough.

The minor remains liable too

Parental liability does not wipe out the child's own liability. The victim can sue the minor, the parents, or all of them together. In practice, victims target the parents first, as they are more solvent and insured.

A civil judgment against the minor can follow them into adulthood. A judgment can be enforced for ten years. It is therefore better to settle the matter early, with the insurer and, if needed, a repayment plan: our article on the payment plan and grace periods explains how to negotiate.

Liability insurance: what it covers

To deal with parental liability, most families have civil liability cover, often included in their home insurance policy. It usually covers the policyholder, their partner and their children.

Cover even for a deliberate act by the child. Article L. 121-2 of the Insurance Code requires the insurer to cover damage caused by people for whom the policyholder is liable under Article 1242, "whatever the nature and seriousness of their faults". When the victim relies on parental liability, the insurer therefore pays, even if the child broke things on purpose.

The exclusion of intentional faults. Article L. 113-1 provides that the insurer is not liable for an intentional or fraudulent fault of the insured. It can apply when the insured child is sued personally, or for a deliberate act by the parents themselves. It does not apply to the parents' liability for their child.

Parental contribution since 2025. The Law of 23 June 2025 added an exception. If a parent has been finally convicted of failing in their legal obligations (Article 227-17 of the Criminal Code) for facts linked to the damage, the insurer can claim a contribution of up to €7,500 from that parent. Any clause that systematically rules out this option is deemed void.

A few good habits:

• Report the claim to your insurer within the period set by the policy, which cannot be shorter than five working days.
• Do not agree to pay any sum to the victim without the insurer's consent.
• Check the limits and excesses of your liability cover.
• Keep copies of the summons, the police report and any quotes sent.

Remedies for victims

A victim of damage has several options, which can partly be combined.

Joining the criminal case as a civil party. If the minor is prosecuted, the victim joins the case as a civil party (partie civile) before the children's judge or the juvenile court. The parents are summoned as civilly liable. In the split procedure, the hearing on guilt also rules on the civil claim. If the parents fail to appear after being personally summoned, the judgment still binds them (Article L. 512-4 of the juvenile criminal justice code).

A separate civil action. The victim can also go to the judicial court on civil grounds only, for example if there is no prosecution. The limitation period is in principle five years for property damage.

The compensation board (CIVI). A victim of damage who cannot obtain compensation and is left in a serious material or psychological situation as a result can apply to the CIVI, subject to income limits (Article 706-14 of the Code of Criminal Procedure).

Help with recovery (SARVI). If the offender does not pay within two months of the final decision, the civil party can apply to the guarantee fund within one year (Articles 706-15-1 and 706-15-2 of the Code of Criminal Procedure).

The minor also faces separate sanctions, detailed in our guide to vandalism at a protest.

The State and local authorities

In collective violence, the State can be first in line. Article L. 211-10 of the Internal Security Code makes it civilly liable for damage caused by crimes and offences committed openly or violently by gatherings or crowds. Affected shopkeepers can therefore, depending on the case, turn to the State.

The State can then turn against the perpetrators and rely on parental liability, "under the conditions laid down" by the Civil Code for liability in tort. That reference covers Article 1242, which applies to the parents of a minor who caused the damage.

A town council or public service whose street furniture, bus shelter or vehicle was damaged can also join the case as a civil party and seek compensation, like any victim.

Criminal liability of parents: the exception

Parental liability is above all civil. In criminal law, no one is liable except for their own acts (Article 121-1 of the Criminal Code). A parent is never convicted in the child's place. Three texts can, however, target the parent personally.

Text	What the parent is accused of	Penalty
Art. 227-17, para. 1, Criminal Code	Failing without legitimate reason in legal obligations to the point of endangering the child's health, safety, morality or education	2 years and €30,000
Art. 227-17, para. 2, Criminal Code	The same failure, having directly led the child to commit a crime or several offences finally judged	3 years and €45,000
Art. 227-21 Criminal Code	Directly inciting a minor to commit a crime or offence	5 years and €150,000
Art. L. 311-5 juvenile code	Not attending the judge's summons (civil fine)	Up to €7,500 and a parental responsibility course

The aggravating circumstance in Article 227-17 comes from the Law of 23 June 2025. It requires a direct link between the parent's failure and the child's offence, which the prosecution must prove. The Constitutional Council upheld it in decision No. 2025-886 DC of 19 June 2025. A parent who is present, follows the child's schooling and answers summonses does not fall into this category.

The civil fine under Article L. 311-5 is not a criminal penalty: it sanctions absence from hearings, and the judge can withdraw it if the parents attend later. Our article on a minor arrested at a protest describes the parents' place in the procedure.

What parents can do

Faced with a claim based on parental liability, a few steps limit the financial damage:

1. Notify your insurer as soon as you receive the first summons or letter from the victim.
2. Ask for details of the loss: invoice, quote, photos. A claim must match the actual damage.
3. Offer reparation if the child admits the facts. A reparation measure can also weigh on the outcome of the case.
4. Attend the hearings with your child, and prepare them with the child's lawyer.
5. Get free help: the point-justice (30 39) offers a first free legal consultation, and legal aid (aide juridictionnelle) can cover lawyer's fees.

If separated parents disagree on each one's share, a family law lawyer or our guide on the child's residence can help.

What a lawyer brings

A lawyer checks that parental liability really applies: the child's age, parental authority, any placement. The lawyer disputes the amount claimed if needed, involves the insurer and represents you as civilly liable before the juvenile court. The lawyer also defends a parent prosecuted under Article 227-17.

A criminal law lawyer answers your questions in 20 minutes. The new wording of Article 1242 is in the Law of 23 June 2025 published on Légifrance.