Legal Question in Civil Litigation in Texas

Re: Parent responsible for 17 year old?

To the extent that the store sustained damages (up to $5,000 plus attorneys' fees), it probably can hold the parent responsible, because a 17 year is a minor unless he/she is married or has had their minority previously removed by court order. See Texas Civil Practice and Remedies Code:

� 134.003. Liability

(a) A person who commits theft is liable for the damages resulting from the theft.

(b) A parent or other person who has the duty of control and reasonable discipline of a child is liable for theft committed by the child.

� 134.005. Recovery

(a) In a suit under this chapter, a person who has sustained damages resulting from theft may recover:

(1) under Section 134.003(a), from a person who commits theft, the amount of actual damages found by the trier of fact and, in addition to actual damages, damages awarded by the trier of fact in a sum not to exceed $ 1,000; or

(2) from a parent or other person who has the duty of control and reasonable discipline of a child, for an action brought under Section 134.003 (b), the amount of actual damages found by the trier of fact,not to exceed $ 5,000.

(b) Each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney's fees.

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This is one instance where possible attorneys' fees could exceed the damage recovery.