check cashing

If an immediate family member without permission wrote and cash check(s)in excess of bank funds. Bank did not check for I.D. to make sure person can cash personal check. Who is responsible for taking care of the funds and service charges of someone else's mistake. Bank is trying to take to court Person who the account is under. I feel it is the Bank responsibility since they didn't take the necessary precautions...
Appreciate any help or related articles/links.