2005 Illinois Code - Chapter 740 Civil Liabilities 740 ILCS 115/ Parental Responsibility Law.
(740 ILCS 115/1)
(from Ch. 70, par. 51)
This Act shall be known and may be cited as the
Parental Responsibility Law.
(Source: P. A. 76‑1679.)
(740 ILCS 115/2)
(from Ch. 70, par. 52)
As used in this Act, unless the context otherwise requires, the
terms specified have the meanings ascribed to them:
(1) "Legal guardian" means a person appointed guardian, or given
custody, of a minor by a circuit court of the State, but does not include a
person appointed guardian, or given custody, of a minor under the Juvenile
Court Act or the Juvenile Court Act of 1987.
(2) "Minor" means a person who is above the age of 11 years, but not yet
19 years of age.
(Source: P.A. 85‑1209.)
(740 ILCS 115/3)
(from Ch. 70, par. 53)
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
Section 21‑1.3 of the Criminal Code of 1961.
Reasonable attorney's fees may be awarded to a plaintiff that is not a
governmental unit in any action under this Act.
(Source: P.A. 90‑311, eff. 1‑1‑98.)
(740 ILCS 115/4)
(from Ch. 70, par. 54)
Any municipal corporation, county, township, village or any other
political subdivision or department of the State of Illinois, or the United
States or any of its instrumentalities, or any
person, partnership, corporation, association or any incorporated or
unincorporated religious, educational or charitable organization is
entitled to enforce the liability imposed by this Act.
(Source: P.A. 88‑406.)
(740 ILCS 115/5)
(from Ch. 70, par. 55)
Limitation on damages; damages allowable.
No recovery under
this Act may exceed $20,000 actual damages for each
person, or legal entity as provided in Section 4 of this Act, for each
occurrence of such wilful or malicious acts by the minor causing injury,
in addition to taxable court costs and attorney's fees. In determining the
damages to be
allowed in an action under this Act for personal injury, only medical,
dental and hospital expenses and expenses for treatment by Christian Science
practitioners and nursing care appropriate thereto may be considered.
(Source: P.A. 94‑130, eff. 7‑7‑05.)
(740 ILCS 115/6)
(from Ch. 70, par. 56)
This Act shall not affect the recovery of damages in any other cause of
action where the liability of the parent or legal guardian is predicated on
a common law basis.
(Source: P. A. 76‑1679.)
(740 ILCS 115/7)
(from Ch. 70, par. 57)
Section 12‑107 of the Code of Civil Procedure, as now or hereafter
is not applicable to judgments obtained under this Act.
(Source: P.A. 82‑783.)
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