Iowa Code Annotated
Title XV. Judicial Branch and Judicial Procedures [Chs. 595-686]
Subtitle 3. Civil Procedure [Chs. 611-631] (Refs & Annos)
Chapter 613. Parties-Causes of Action-Liability (Refs & Annos)
I.C.A. § 613.16
613.16. Parental responsibility for actions of children
Currentness:
1. The parent or parents of an unemancipated minor child under the age of eighteen years shall be liable for actual damages to person or property caused by unlawful acts of such child. However, a parent who is not entitled to legal custody of the minor child at the time of the unlawful act shall not be liable for such damages.
2. The legal obligation of the parent or parents of an unemancipated minor child under the age of eighteen years to pay damages shall be limited as follows:
a. Not more than two thousand dollars for any one act.
b. Not more than five thousand dollars, payable to the same claimant, for two or more acts.
3. The word “person” for the purpose of this section shall include firm, association, partnership or corporation.
4. When an action is brought on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.
Credits
Added by Acts 1969 (63 G.A.) ch. 291, § 1, eff. July 1, 1969. Amended by Acts 1994 (75 G.A.) ch. 1172, § 40.
Current with legislation signed as of 7/5/2011 from the 2011 Reg.Sess.
Iowa Code Annotated
Title XV. Judicial Branch and Judicial Procedures [Chs. 595-686]
Subtitle 3. Civil Procedure [Chs. 611-631] (Refs & Annos)
Chapter 624. Trial and Judgment (Refs & Annos)
Minor’s Liability
I.C.A. § 624.38
624.38. Minor’s liability for own acts
Currentness
The provisions of section 613.16 shall not limit any liability of any minor for the minor’s own acts and shall not limit any liability imposed by the common law or by any other provision of the Code.
Credits
Added by Acts 1969 (63 G.A.) ch. 291, § 2, eff. July 1, 1969.
Current with legislation signed as of 7/5/2011 from the 2011 Reg.Sess.
Iowa Code Annotated
Title XV. Judicial Branch and Judicial Procedures [Chs. 595-686]
Subtitle 5. Special Actions [Chs. 639-686] (Refs & Annos)
Chapter 645. Recovery of Merchandise or Damages (Refs & Annos)
I.C.A. § 645.1
645.1. Definitions
Currentness
As used in this chapter, unless the context otherwise requires:
1. “Mercantile establishment” includes any place where merchandise is displayed, held, or offered for sale, either retail or wholesale.
2. “Merchandise” includes any object, ware, good, commodity, or other similar item displayed or offered for sale.
3. “Owner” means an owner of a mercantile establishment and includes a designated representative of the owner.
Credits
Acts 1989 (73 G.A.) ch. 99, § 1. Amended by Acts 1997 (77 G.A.) ch. 97, § 1.
Current with legislation signed as of 7/5/2011 from the 2011 Reg.Sess.
Iowa Code Annotated
Title XV. Judicial Branch and Judicial Procedures [Chs. 595-686]
Subtitle 5. Special Actions [Chs. 639-686] (Refs & Annos)
Chapter 645. Recovery of Merchandise or Damages (Refs & Annos)
I.C.A. § 645.2
645.2. Actions for merchandise or damages
Currentness
An action for recovery of merchandise or the purchase price, damages, and costs may be brought by an owner pursuant to this chapter in any court of competent jurisdiction, including a court of small claims if the claim does not exceed jurisdictional limits.
A conviction under chapter 714 is not required as a condition precedent to the maintenance of an action pursuant to this chapter.
Credits
Acts 1989 (73 G.A.) ch. 99, § 2.
Notes of Decisions (1)
Current with legislation signed as of 7/5/2011 from the 2011 Reg.Sess.
Iowa Code Annotated
Title XV. Judicial Branch and Judicial Procedures [Chs. 595-686]
Subtitle 5. Special Actions [Chs. 639-686] (Refs & Annos)
Chapter 645. Recovery of Merchandise or Damages (Refs & Annos)
I.C.A. § 645.3
645.3. Liability
Currentness
1. A person who knowingly and without claim of right wrongfully appropriates, takes possession of, or alters the price indicia of merchandise of a mercantile establishment without the consent of the owner and with the intent to convert the merchandise to the person’s own use without having paid the full purchase price for it, is liable for:
a. The return of the merchandise or the purchase price of the merchandise, provided that the merchandise is not evidence in a criminal proceeding under chapter 714.
b. Actual damages for any decrease in value of the merchandise returned.
c. The greater of fifty dollars or actual costs, not to exceed two hundred dollars, incurred by the owner in recovering the merchandise or damages pursuant to this chapter.
2. Damages awarded under this section shall be reduced by any amount received by the owner pursuant to court ordered restitution under chapter 232A or 910.
3. The parent or parents of an unemancipated minor child under the age of eighteen years are liable for any judgment awarded against the child pursuant to subsection 1 in accordance with, and subject to the limits established in, section 613.16.
Credits
Acts 1989 (73 G.A.) ch. 99, § 3.
Current with legislation signed as of 7/5/2011 from the 2011 Reg.Sess.