(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LEGAL GUARDIAN. 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 Illinois Juvenile Court Act of 1987.
MINOR. A person who is above the age of 11 years, but not yet 19 years of age.
(B) The parent or legal guardian of any unemancipated minor who resides with the parent or legal guardian is liable for actual damages for the willful or malicious acts of the minor which cause injury to a person or property.
(C) No recovery under this section may exceed $2,500 actual damages for each person or legal entity for each occurrence of the willful or malicious acts by the minor causing injury, in addition to taxable court costs. 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.
(D) This Act shall not affect the recovery of damages in any other course of action where the liability of the parent or legal guardian is predicated on a common law or statutory basis.
(E) Section 12-107 of the Illinois Code of Civil Procedure (ILCS Ch. 735, Act 5, § 12-107), as now or hereafter amended, is not applicable to judgments obtained under this section.
(ILCS Ch. 740, Act 115, §§ 1 through 7) (Ord. 1994-16, passed 9-13-1994)