Understanding a parent’s or legal guardian’s possible culpability in Pennsylvania for a minor’s “willful wrongdoing” or carelessness.
Most states in the United States have some kind of parental responsibility legislation in place. These laws may be utilized to make a parent or legal guardian financially liable for underage children’s activities. Parents are not necessarily accountable for everything their little children do, but they are often liable if their kid knowingly or maliciously destroys property or injures someone. In certain situations, parents may even be held liable for any injury their kid inadvertently causes.
This essay will concentrate on the most important aspects of Pennsylvania’s Parental Responsibility statutes.
Table of Contents
Where Can I Find the Parental Responsibility Act in Pennsylvania?
Pennsylvania Code Title 23 Chapter 55 contains the state’s parental responsibility statute.
When a Minor Injures Someone Or Causes Property Damage
If a kid is judged accountable, or guilty, of a “tortious conduct,” the child’s parent is liable to the person who is damaged in Pennsylvania. Tortious act is defined in Pennsylvania Code Title 23 Section 5501 as an intentional conduct that causes harm. The term “injury” encompasses both bodily injuries and theft or property damage.
In Criminal Proceedings, Liability
If a kid is engaged in a criminal process arising from a tortious conduct, the court must assess how much it will take to make the injured person whole under Pennsylvania Code Title 23 Section 5503. When the court reaches this decision, it will require the parents to pay the sum to the individual who was hurt. If the parents do not follow the court’s ruling, the damaged party may initiate a civil case directly against the parents for the owing damages.
In Civil Proceedings, Liability
If a court enters judgment against a child in a civil action because the child injured someone through a tortious act and the child does not pay the judgment within 30 days, the injured person may petition the court for an order to show cause why the court should not enter judgment against the minor’s parent, according to Pennsylvania Code Title 23 Section 5504. (s). Parents may respond to the petition.
If the injured person and the parent disagree on facts that the court has not resolved, the case will be scheduled for trial. However, if there is no debate, the court will enter judgment against the parents. It should be highlighted that a victim of a child’s wilful, tortious behavior may launch a civil case directly against the child’s parents.
Limitations on Liability
Parents’ culpability for tortious conduct done by their underage children is limited by Pennsylvania Code Title 23 Section 5505. As a general rule, parents’ responsibility is restricted to $1,000 for any injuries sustained by a single person and $2,500 for any injuries sustained by several people. This restriction applies regardless of the number of individuals harmed.
If a court concludes that real loss exceeds $2,500, parents may be released from culpability by giving the court $2,500. The court will next endeavor to disperse the monies in a proportional way, regardless of whether the claims are for physical harm, theft, or property damage. And, in case you’re wondering, the damage restrictions still apply if two children of the same parents conduct a tortious act. In other words, no parent may be held financially accountable for more than $2,500.
There is no double recovery and no indemnity.
Under Pennsylvania Code Title 23 Chapter 55, there may be no duplicate recovery. If a judgment is obtained against a kid and the child’s parent pays (up to $2,500), the child’s responsibility is reduced by that amount.
Once a parent pays, he or she has no claim of indemnification or contribution against the kid. In other words, the parent cannot seek restitution from the kid who performed the tortious conduct.
To be liable, a parent must have custody or control of their child.
In Pennsylvania, parents may only be held accountable for their children’s tortious behavior if they have custody or control over the kid. A parent who abandons a kid, on the other hand, is nonetheless legally liable for the child’s tortious actions.
In Pennsylvania, the common law may still impose parental responsibility.
Even if a kid’s acts fall beyond the reach of the laws outlined above, a traditional, non-statutory system of principles known as “common law” may hold parents liable for their minor children’s conduct.
It is not an easy case to establish, but if a parent is aware that their kid is engaging in certain harmful behaviors, the parent may be legally obligated to take reasonable efforts to prevent the child from causing foreseeable damage to others.