ASSEMBLY, No. 2369

STATE OF NEW JERSEY

209th LEGISLATURE

INTRODUCED MAY 8, 2000

Sponsored by:

Assemblyman MELVIN COTTRELL

District 30 (Burlington, Monmouth and Ocean)

SYNOPSIS

    Provides that parents can be held civilly liable for personal injuries caused by their children in certain circumstances.

CURRENT VERSION OF TEXT

    As introduced.

An Act concerning the civil liability of parents for acts committed by their children and amending P.L.1965, c.111.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1965, c.111 (C.2A:53A-14) is amended to read as follows:

    1. The Legislature finds that malicious acts of violence and vandalism by youths are increasing at an alarming rate; that such acts are frequently attributable to lack of care, custody and control exercised by the parent; that parents should have some responsibility for the conduct of their children; that while there is a reluctance to charge a child with juvenile delinquency there should be some legal deterrent to juvenile acts of violence and vandalism and to parental neglect of child supervision. The Legislature therefore finds it desirable to establish a civil procedure for the recovery of damages for such acts from the neglectful parent, guardian or other person having legal custody of the child who caused such damage.

(cf: P.L.1965, c.111, s.1)

    2. Section 2 of P.L.1965, c.111 (C.2A:53A-15) is amended to read as follows:

    2. A parent, guardian or other person having legal custody of an infant under 18 years of age who fails or neglects to exercise reasonable supervision and control of the conduct of such infant, shall be liable in a civil action for any willful, malicious [or] and unlawful injury to another person or destruction by such infant of the real or personal property of another or for any willful, malicious and unlawful act which results in bodily injury to another person.

(cf: P.L.1979, c.318, s.2) 

    3. This act shall take effect immediately.

STATEMENT

    Under present law, parents of a minor who fail to exercise reasonable supervision and control can be held civilly liable for any property damage resulting from acts of vandalism. This bill would expand present law and provide that parents who fail to exercise reasonable control over their children could be held civilly liable for bodily injuries resulting from any of their children's deliberate, unlawful acts.