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