Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Atty. Adam Schleis
Parenting comes with plenty of challenges — and sometimes, those challenges can extend into the legal system. In Wisconsin, parents can face legal or financial consequences if their child’s actions break the law or cause harm.
When Parents Can Be Liable
Wisconsin law holds parents responsible in some situations for the actions of their minor children. Liability depends on the child’s age, the type of offense, and whether the parent contributed to or failed to prevent the misconduct.
Common examples include:
- Alcohol and parties: Adults who provide or allow minors to drink on their property can face fines, possible jail time, and a lasting criminal record — even if they thought the gathering was “safe” or supervised.
- Vehicles: Parents may be liable if they allow a child to drive without permission or fail to secure car keys and the child causes an accident.
- Prescription medications or drugs: If a parent’s negligence allows a minor access to controlled substances or prescription medications, both the child and the parent may face legal consequences.
Underage Drinking Laws in Wisconsin
Wisconsin’s law on underage drinking is strict. It’s illegal for adults to knowingly allow minors to drink alcohol on their property, regardless of supervision. Even well-intentioned parents who think they’re keeping teens “safe at home” during events like prom or graduation can face citations or criminal charges.
If cited, adults may face fines, potential jail time, and civil liability for any injuries or property damage that result from the underage drinking.
Financial and Civil Liability
Parents may also face civil lawsuits for damages caused by their children’s actions. For instance, if a teenager takes a parent’s car and causes a crash, the parent’s insurance — or even personal assets — could be at risk.
Wisconsin’s parental liability law allows recovery of up to $5,000 per act of a minor’s willful or malicious damage to another person’s property.
Practical Steps for Parents
If you find yourself facing legal exposure due to your child’s actions:
- Contact a lawyer right away. An attorney can explain your potential liability and help you respond appropriately.
- Secure alcohol, medications, firearms, and car keys. Prevention can help avoid criminal and civil issues.
- Communicate expectations clearly. Let your child know that misuse of household items — alcohol, prescription drugs, or vehicles — has serious consequences.
- Document your rules and supervision. Written evidence of responsible parenting can help in your defense if questions arise.
Balancing Accountability and Protection
It’s natural to feel torn between protecting your child and holding them accountable. The law expects parents to supervise and take reasonable precautions — not to guarantee perfection. The best approach is to guide your child through the consequences while protecting your own rights.
Bottom Line
When a child’s actions lead to legal trouble, parents may share in the consequences — but there are steps you can take to prevent issues and minimize risk. If you’re facing potential liability, talk to an attorney who can help you understand your responsibilities and protect your family’s future.
Adam J. Schleis is an Associate with Gimbel, Reilly, Guerin & Brown, LLP in Milwaukee. His practice includes criminal defense, juvenile, mental health, guardianship, child protective services, and family law. Know Your Legal Rights is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service, which helps connect the public with appropriate legal counsel. Learn more at wislaw.org.
