Bill Text: PA HB1372 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for monetary limits of liability.

Spectrum: Slight Partisan Bill (Republican 15-8)

Status: (Introduced - Dead) 2009-04-28 - Referred to JUDICIARY [HB1372 Detail]

Download: Pennsylvania-2009-HB1372-Introduced.html

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PRINTER'S NO. 1673
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1372 Session of2009
INTRODUCED BY MURT, BOBACK, BOYD, CLYMER, CREIGHTON, FAIRCHILD, GEIST, GIBBONS, GODSHALL, GOODMAN, HARKINS, KORTZ, MELIO, MILLER, MOUL, O'NEILL, QUINN, READSHAW, SIPTROTH, J. TAYLOR, VULAKOVICH AND YOUNGBLOOD, APRIL 28, 2009
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2009
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.
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