§ 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 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 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 parents shall be discharged from further liability by
the payment of $2,500 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 paid into court.
(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.
(Apr. 21, 1994, P.L.128, No.15, eff. 60 days)
Cross References. Section 5505 is referred to in sections 5503, 5504 of this title.
Notes of Decisions
Cited in
5
cases, 1993–2012 · leading case:
In re C.W., 7 A.3d 891 (Pa. Commw. Ct. 2010).
In re C.W., 7 A.3d 891 (Pa. Commw. Ct. 2010).
· cites it 3× “Such a reading of Section 6310 would totally eclipse the limits on the liability of a parent for the torts of a child set forth in the Domestic Code at 23 Pa.C.S. § 5505(a). In any case, we are to be guided by “the plain language of a statute.”
In Re Cw, 7 A.3d 891 (Pa. Commw. Ct. 2010).
· cites it 3× “Such a reading of Section 6310 would totally eclipse the limits on the liability of a parent for the torts of a child set forth in the Domestic Code at 23 Pa.C.S. § 5505(a). In any case, we are to be guided by "the plain language of a statute.”
Franklin v. Com., Dept. of Transp., 39 A.3d 453 (Pa. Commw. Ct. 2012).
· cites it 2× “§ 5502 (emphasis added); see 23 Pa.C.S. § 5505 (setting forth monetary limits of liability).”
Wenger v. Shank, 34 Pa. D. & C.4th 377 (1997).
“Count IV: Denied; liability shall be limited in accordance with 23 Pa.C.S. §5505.”
Kelly v. Seachrist, 18 Pa. D. & C.4th 514 (1993).
“23 Pa.C.S. §5505. The Act of Assembly establishing liability in civil proceedings of the parent for the tortious act of the child sets forth the petition procedure for obtaining judgment *516 against the parent (23 Pa.”
— 23 Pa. Cons. Stat. § 5505(a) — 2 cases
In re C.W., 7 A.3d 891 (Pa. Commw. Ct. 2010).
“Such a reading of Section 6310 would totally eclipse the limits on the liability of a parent for the torts of a child set forth in the Domestic Code at 23 Pa.C.S. § 5505(a). In any case, we are to be guided by “the plain language of a statute.”
In Re Cw, 7 A.3d 891 (Pa. Commw. Ct. 2010).
“Such a reading of Section 6310 would totally eclipse the limits on the liability of a parent for the torts of a child set forth in the Domestic Code at 23 Pa.C.S. § 5505(a). In any case, we are to be guided by "the plain language of a statute.”
— 23 Pa. Cons. Stat. § 5505(a)(1) — 2 cases
In re C.W., 7 A.3d 891 (Pa. Commw. Ct. 2010).
“Such a reading of Section 6310 would totally eclipse the limits on the liability of a parent for the torts of a child set forth in the Domestic Code at 23 Pa.C.S. § 5505(a). In any case, we are to be guided by “the plain language of a statute.”
In Re Cw, 7 A.3d 891 (Pa. Commw. Ct. 2010).
“Such a reading of Section 6310 would totally eclipse the limits on the liability of a parent for the torts of a child set forth in the Domestic Code at 23 Pa.C.S. § 5505(a). In any case, we are to be guided by "the plain language of a statute.”
— 23 Pa. Cons. Stat. § 5505(a)(2) — 1 case
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