House File 119 - Introduced HOUSE FILE 119 BY HUNTER , OLSON , STAED , and MASCHER A BILL FOR An Act relating to the imposition of civil liability on parents 1 or guardians when minors cause injury with firearms. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1608YH (2) 89 cm/jh
H.F. 119 Section 1. NEW SECTION . 613.16A Civil liability for parents 1 or guardians when a minor causes injury with a firearm. 2 1. For the purpose of this section, “minor” means an 3 unemancipated child under the age of eighteen years. 4 2. If a parent or guardian who has custody and control of a 5 minor either permits the minor to possess a firearm or leaves 6 the firearm in a place accessible to the minor, and the minor 7 discharges the firearm, civil liability shall be imputed to 8 the parent or guardian for purposes of civil damages for any 9 injury to a person or property of a person other than the minor 10 proximately caused by the discharge and the parent or guardian 11 shall be jointly and severally liable with the minor for any 12 damages resulting from the act. 13 3. The liability imposed by this section is in addition 14 to the liability imposed by section 613.16 and any liability 15 otherwise imposed by law. However, no person, or group of 16 persons collectively, shall incur liability under this section 17 in any amount exceeding thirty thousand dollars for injury to 18 or death of one person as a result of any one occurrence or, 19 subject to the limit as to one person, exceeding sixty thousand 20 dollars for injury to or death for all persons as a result of 21 any one such occurrence. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to civil liability of parents or guardians 26 when a minor causes injury with a firearm. 27 The bill provides that if a parent or guardian either permits 28 a minor to have a firearm or leaves the firearm in a place 29 accessible to the minor, and the minor discharges the firearm, 30 civil liability shall be imputed to a parent or guardian having 31 custody and control of the minor for purposes of civil damages 32 for any injury to the person or property of a person other than 33 the minor proximately caused by the discharge, and the parent 34 or guardian shall be jointly and severally liable with the 35 -1- LSB 1608YH (2) 89 cm/jh 1/ 2
H.F. 119 minor for any damages resulting from the act. 1 The bill provides that the liability imposed by the Code 2 section is in addition to any liability otherwise imposed by 3 law. However, the bill provides that no person, or group of 4 persons collectively, shall incur liability under the Code 5 section in any amount exceeding $30,000 for injury to or death 6 of one person as a result of any one occurrence or, subject to 7 the limit as to one person, exceeding $60,000 for injury to or 8 death for all persons as a result of any one such occurrence. 9 -2- LSB 1608YH (2) 89 cm/jh 2/ 2