A. Definitions: As used in this section, unless the context otherwise requires, the following terms have the meanings ascribed to them 1 :
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 2 .
MINOR: A person who is above the age of eleven (11) years, but not yet nineteen (19) years of age.
B. Liability Of Parent Or Guardian: The parent or legal guardian of any 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 violation of 720 Illinois Compiled Statutes 5/21-1.3. Reasonable attorney fees may be awarded to a plaintiff that is not a governmental unit in any action under this section.
C. Recovery Amount Limited:
1. No recovery under this section may exceed two thousand five hundred dollars ($2,500.00) actual damages for each person or legal entity for each occurrence of such wilful or malicious acts by the minor causing injury, in addition to taxable court costs and attorney fees. In determining the damages to be allowed in an action under this section 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.
2. This section 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.
D. Exemptions From State Regulations: Section 12-107 of the Illinois code of civil procedure, as now or hereafter amended, is not applicable to judgments obtained under this section. (Ord., 7-12-1994; amd. 2004 Code)
Notes
| 1 | 1. 740 ILCS 115/1. |
| 2 | 2. 705 ILCS 405/1-1 et seq. |