THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MURT, BOYD, CLYMER, FARRY, GEIST, GILLEN, GODSHALL, MILLARD, MILLER, MILNE, MOUL, QUINN, READSHAW AND VULAKOVICH, MAY 10, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MAY 10, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing for monetary limits

of liability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5505 of Title 23 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 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] $2,000 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] $5,000 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 applicable amount under

subsection (a), the parents shall be discharged from further

liability by the payment of [$2,500] the applicable amount under

subsection (a) 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] deducted from the amount paid into

court under subsection (a).

(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.

Section 2.  This act shall apply to tortious acts committed

after the effective date of this section.

Section 3.  This act shall take effect immediately.