Bill Text: PA SB434 | 2009-2010 | Regular Session | Introduced


Bill Title: In liability for tortious acts of children, further providing for monetary limits of liability.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Engrossed - Dead) 2009-03-17 - Referred to JUDICIARY [SB434 Detail]

Download: Pennsylvania-2009-SB434-Introduced.html

  

 

    

PRINTER'S NO.  435

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

434

Session of

2009

  

  

INTRODUCED BY GREENLEAF, FONTANA, WILLIAMS, ALLOWAY, LEACH, LOGAN, MUSTO, O'PAKE, WOZNIAK AND SMUCKER, FEBRUARY 20, 2009

  

  

REFERRED TO JUDICIARY, FEBRUARY 20, 2009  

  

  

  

AN ACT

  

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Amending Title 23 (Domestic Relations) of the Pennsylvania

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Consolidated Statutes, in liability for tortious acts of

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children, further providing for monetary limits of liability.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 5505(a) and (b) of Title 23 of the

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Pennsylvania Consolidated Statutes are amended to read:

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§ 5505.  Monetary limits of liability.

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(a)  General rule.--Liability of the parents under this

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chapter shall be limited to:

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(1)  The sum of [$1,000] $2,000 for injuries suffered by

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any one person as a result of one tortious act or continuous

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series of tortious acts.

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(2)  The sum of [$2,500] $4,000 regardless of the number

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of persons who suffer injury as a result of one tortious act

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or continuous series of tortious acts.

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(b)  Proceedings where loss exceeds liability.--In the event

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that actual loss as ascertained by the court or the judgment

 


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against the child exceeds [$2,500] $4,000, the parents shall be

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discharged from further liability by the payment of [$2,500]

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$4,000 into court. The court shall cause all aggrieved parties

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to submit itemized statements of loss in writing and shall make

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distribution proportionately, whether the claims be for injuries

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to the person or for theft, destruction or loss of property. The

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court may take testimony to assist it in making proper

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distribution and may appoint a master to accomplish this

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purpose. All costs and fees incurred in these proceedings shall

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be paid from the [$2,500] $4,000 paid into court.

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* * *

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Section 2.  This act shall take effect in 60 days.

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