CHAPTER 55

LIABILITY FOR TORTIOUS ACTS OF CHILDREN

 

Sec.

5501.  Definitions.

5502.  Liability of parents.

5503.  Establishing liability in criminal or juvenile proceedings.

5504.  Establishing liability in civil proceedings.

5505.  Monetary limits of liability.

5506.  Double recovery for same injury prohibited.

5507.  Indemnity or contribution from child prohibited.

5508.  Liability of parent not having custody or control of child.

5509.  Other liability of parent or child unaffected.

 

Enactment.  Chapter 55 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.

§ 5501.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child."  An individual under 18 years of age.

"Injury."  Includes injury to the person and theft, destruction or loss of property.

"Parent."  Includes natural or adoptive parents.

"Person."  Includes government units and Federal agencies.

"Tortious act."  A willful tortious act resulting in injury.

§ 5502.  Liability of parents.

Any parent whose child is found liable or is adjudged guilty by a court of competent jurisdiction of a tortious act shall be liable to the person who suffers the injury to the extent set forth in this chapter.

§ 5503.  Establishing liability in criminal or juvenile proceedings.

(a)  General rule.--In any criminal proceeding against a child and in any proceeding against a child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the court shall ascertain the amount sufficient to fully reimburse any person who has suffered injury because of the tortious act of the child and direct the parents to make payment in the amount not to exceed the limitations set forth in section 5505 (relating to monetary limits of liability).

(b)  Noncompliance with direction of court.--If the parents fail to comply with the direction of the court, the amount may be recovered in a civil action against the parents or either of them.

§ 5504.  Establishing liability in civil proceedings.

(a)  Petition.--If a judgment has been rendered against the child in a civil action for injury because of the tortious act of the child and the judgment has not been satisfied within a period of 30 days, the injured person may petition the court for a rule to show cause why judgment should not be entered against the parent.

(b)  Answer and trial.--The parent may file an answer to the petition, and, if there is any dispute as to unlitigated facts, the case shall be set down for trial.

(c)  Judgment.--If there is no dispute as to the unlitigated facts, the court shall authorize the entry of a judgment against the parent. In no case shall the judgment against the parent exceed the limitations set forth in section 5505 (relating to monetary limits of liability).

(d)  Action against parent.--Notwithstanding any provision to the contrary, a victim of a willful, tortious act of a child may initiate a civil action directly against the parent or parents of the child who committed the tortious act for the purpose of receiving compensation for the injuries suffered, not to exceed the limitations set forth in section 5505.

(Apr. 21, 1994, P.L.128, No.15, eff. 60 days)

 

1994 Amendment.  Act 15 added subsec. (d).

§ 5505.  Monetary limits of liability.

(a)  General rule.--Liability of the parents under this chapter shall be limited to:

(1)  The sum of $1,000 for injuries suffered by any one person as a result of one tortious act or continuous series of tortious acts.

(2)  The sum of $2,500 regardless of the number of persons who suffer injury as a result of one tortious act or continuous series of tortious acts.

(b)  Proceedings where loss exceeds liability.--In the event that actual loss as ascertained by the court or the judgment against the child exceeds $2,500, the parents shall be discharged from further liability by the payment of $2,500 into court. The court shall cause all aggrieved parties to submit itemized statements of loss in writing and shall make distribution proportionately, whether the claims be for injuries to the person or for theft, destruction or loss of property. The court may take testimony to assist it in making proper distribution and may appoint a master to accomplish this purpose. All costs and fees incurred in these proceedings shall be paid from the $2,500 paid into court.

(c)  Joint acts by children of same parent.--The limitations on liability set forth in subsections (a) and (b) shall be applicable when two or more children of the same parent engage jointly in the commission of one tortious act or series of tortious acts.

(Apr. 21, 1994, P.L.128, No.15, eff. 60 days)

 

Cross References.  Section 5505 is referred to in sections 5503, 5504 of this title.

§ 5506.  Double recovery for same injury prohibited.

In no case shall there be a double recovery for one injury. Any judgment against a child resulting from a tortious act for which a parent makes payment under this chapter shall be reduced by the amount paid by the parent.

§ 5507.  Indemnity or contribution from child prohibited.

The parent shall have no right of indemnity or contribution against the child.

§ 5508.  Liability of parent not having custody or control of child.

(a)  General rule.--No liability may be imposed upon a parent under this chapter if, at the time of commission of the tortious act, the parent has neither custody of the child nor is entitled to custody of the child or if the child is institutionalized or emancipated.

(b)  Exception.--No parent is absolved of liability due to the desertion of the child by the parent.

§ 5509.  Other liability of parent or child unaffected.

The liability imposed upon parents by this chapter shall not limit the common-law liability of parents for damages caused by a child and shall be separate and apart from any liability which may be imposed upon the child.