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.
Notes of Decisions
Cited in
8
cases, 1993–2015 · leading case:
A.S. v. I.S., 130 A.3d 763 (Pa. 2015).
A.S. v. I.S., 130 A.3d 763 (Pa. 2015).
“23 Pa.C.S. § 5501 (defining “parent” as “natural or adoptive parents”).”
In re C.W., 7 A.3d 891 (Pa. Commw. Ct. 2010).
· cites it 4× “Human Services reasoned that it did not meet the statutory definition of a “parent” set forth in Chapter 55 of the Domestic Relations Code (Domestic Code), titled “Liability for Tor-tious Acts of Children,” 23 Pa.C.S. § 5501, and this statute is the exclusive authority for…”
A.S. v. I.S., 130 A.3d 763 (Pa. 2015).
“23 Pa.C.S. § 5501 (defining “parent” as “natural or adoptive parents”).”
Waldron v. Martini, 16 Pa. D. & C.5th 175 (2010).
· cites it 3× “Defendants’ final preliminary objection seeks to strike the language seeking negligent liability under 23 Pa.C.S. §5501 et seq. for failing to conform with law.”
In Re Cw, 7 A.3d 891 (Pa. Commw. Ct. 2010).
· cites it 4× “Human Services reasoned that it did not meet the statutory definition of a "parent" set forth in Chapter 55 of the Domestic Relations Code (Domestic Code), titled "Liability for Tortious Acts of Children," 23 Pa.C.S. § 5501, and this statute is the exclusive authority for…”
Kelly v. Seachrist, 18 Pa. D. & C.4th 514 (1993).
· cites it 2× “, Is the Parental Liability Act (23 Pa.C.S. §5501) applicable to the facts in the above-captioned case? *515 FACTS On January 6,1992, Jennifer Kelly and Alan J.”
Franklin v. Com., Dept. of Transp., 39 A.3d 453 (Pa. Commw. Ct. 2012).
“” 23 Pa.C.S. § 5501. 2 . $2,500.00 is the statutory limit of liability for parents under section 5505(a)(2) of the PLA.”
A.S. v. I.S., 130 A.3d 763 (Pa. 2015).
“23 Pa.C.S. § 5501 (defining “parent” as “natural or adoptive parents”).”
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