ILCS » Chapter 740 · Act 115

740 ILCS 115/3

Liability

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(740 ILCS 115/3) (from Ch. 70, par. 53)
    Sec. 3. Liability. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property, including damages caused by a minor who has been adjudicated a delinquent for violating Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012. Reasonable attorney's fees may be awarded to any plaintiff in any action under this Act. If the plaintiff is a governmental unit, reasonable attorney's fees may be awarded up to $15,000.
    The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date.
(Source: P.A. 97-1150, eff. 1-25-13.)

    
Notes of Decisions
Cited in 3 cases, 1997–2020 · leading case: Doe v. Brimfield Grade School
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Doe v. Brimfield Grade School (2008) ilcd · cites it 2× “However, 740 ILCS 115/3 of that law expressly allows the recovery of reasonable attorney’s fees “to a plaintiff that is not a governmental unit.”
McGee v. Heimburger (1997) illappct · cites it 2× “McGee sought to allege a cause of action against Judy pursuant to section 4(c) of the Firearm Owners Identification Card Act (Act) (430 ILCS 65/4(c) (West 1992)) and against both James and Judy pursuant to section 3 of the Parental Responsibility Law (Responsibility Law) (740…”
Noll v. Miller (2020) illappct “Finally, count V claimed that 3 Reed and Pam Roesler were responsible for Benton’s willful conduct under section 3 of the Parental Responsibility Law (740 ILCS 115/3 (West 2018)). ¶ 12 The depositions attached to the motion to covert revealed that Benton was 17 years old when he…”
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