PRINTER'S NO. 959
No. 841 Session of 1989
INTRODUCED BY WOGAN, KOSINSKI, LASHINGER, NAHILL, JADLOWIEC,
JACKSON, LETTERMAN, HECKLER, CHADWICK, FOX, DIETTERICK,
GLADECK, BELARDI, MAIALE, MICOZZIE, NOYE, SERAFINI, ITKIN,
J. TAYLOR, VROON, JOHNSON, SAURMAN, PHILLIPS, BIRMELIN,
E. Z. TAYLOR, BILLOW, FLICK, CORRIGAN, TRELLO, ROBBINS,
GEIST, CIVERA, MERRY, FREIND, KASUNIC AND OLASZ,
APRIL 3, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 1989
AN ACT
1 Amending the act of July 27, 1967 (P.L.186, No.58), entitled "An
2 act imposing liability upon parents for personal injury, or
3 theft, destruction, or loss of property caused by the wilful,
4 tortious acts of children under eighteen years of age,
5 setting forth limitations, and providing procedure for
6 recovery," increasing liability of parents for acts of
7 children.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 4(a) and (b) of the act of July 27, 1967
11 (P.L.186, No.58), entitled "An act imposing liability upon
12 parents for personal injury, or theft, destruction, or loss of
13 property caused by the wilful, tortious acts of children under
14 eighteen years of age, setting forth limitations, and providing
15 procedure for recovery," are amended to read:
16 Section 4. (a) Liability of the parents shall be limited to
17 [three hundred dollars ($300)] one thousand five hundred dollars
18 ($1500) for injuries to the person, or theft, destruction, or
1 loss of property suffered by any one person as a result of one
2 wilful, tortious act or continuous series of wilful, tortious
3 acts.
4 (b) Liability of the parents shall be limited to [one
5 thousand dollars ($1000)] three thousand dollars ($3000)
6 regardless of the number of persons who suffer injury to the
7 person, or theft, destruction, or loss of property as a result
8 of one wilful, tortious act or continuous series of wilful,
9 tortious acts. In the event that actual loss as ascertained by
10 the court or the judgment against the child exceeds [one
11 thousand dollars ($1000)] three thousand dollars ($3000), the
12 parents shall be discharged from further liability by the
13 payment of [one thousand dollars ($1000)] three thousand dollars
14 ($3000) into court. The court shall cause all aggrieved parties
15 to submit itemized statements of loss in writing and shall make
16 distribution proportionately, whether the claims be for injuries
17 to the person, or theft, destruction, or loss of property. The
18 court shall have the power to take testimony to assist it in
19 making proper distribution and may appoint a master to
20 accomplish this purpose. All costs and fees thus incurred shall
21 be paid from the [one thousand dollars ($1000)] three thousand
22 dollars ($3000) paid into court.
23 * * *
24 Section 2. This act shall take effect in 60 days.
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