When most people think of personal injury lawsuits, they typically imagine disputes between adults. But what happens if you are injured by a child? Can you actually sue a child? The answer, in short, is yes. However, suing a minor for personal injury is far more complicated than pursuing a lawsuit against an adult. The legal system offers certain protections to children, and different rules apply based on the age of the child, the nature of their actions, and whether the parents are also liable.
In this article, we’ll break down the legal framework for suing a child for personal injury, addressing the factors involved, including negligence, intentional harm, parental responsibility, and the likelihood of recovering damages. We’ll also provide practical advice on how to approach this kind of lawsuit.
Understanding the Difference Between Negligence and Intentional Acts
When you’re injured by a child, whether or not you can sue them largely depends on the nature of the child’s actions. Legally, actions that cause injury are divided into two main categories: negligent acts and intentional acts.
- Negligent Acts: These occur when someone acts carelessly, resulting in harm to another person. For example, if a child throws a ball in a crowded area without paying attention, and it accidentally hits you in the face, the child’s action could be considered negligent.
- Intentional Acts: These involve deliberate actions meant to cause harm. If a child throws a rock at you with the specific intent to hit and hurt you, that would be considered an intentional act, which may be grounds for an intentional tort lawsuit.
The difference between negligence and intent matters because most states treat these two situations differently, especially when children are involved. In many states, children can be held liable for intentional acts more easily than for negligent ones.
Can Children Be Negligent?
While it may seem odd to think of a child as “negligent,” the law does allow for this possibility in certain situations. However, age plays a significant role in determining whether a child can be considered negligent. Courts understand that children don’t always have the same understanding of risk and responsibility as adults do, and the younger the child, the more this becomes a factor.
Age and Negligence
Different states have different rules about whether a child can be sued for negligence based on their age:
- Very Young Children (Under 7 years old): In many states, children under the age of seven are presumed to be incapable of negligence. This is based on the idea that very young children lack the mental capacity to fully understand the consequences of their actions. For example, a 5-year-old who bumps into you on the playground isn’t likely to be held liable, no matter how much damage was done.
- Children Between 7 and 14 years old: In most states, there’s a rebuttable presumption that children between the ages of 7 and 14 are not capable of being negligent. This means that while the general rule is that children in this age group can’t be held liable, a plaintiff can present evidence to show that the child should have understood their actions and could be found negligent. Courts will examine the specific circumstances, including the child’s level of maturity and the situation in which the injury occurred.
- Teenagers (14 and older): Once a child reaches their teenage years, they are generally held to a higher standard. For teens aged 14 and older, it becomes more likely that they could be found negligent if they acted carelessly and caused injury. In some cases, older teenagers may even be held to the same standard as adults, particularly if they were involved in adult activities, such as driving a car or using dangerous equipment.
Adult Activities and Negligence
The law recognizes that certain activities are generally reserved for adults, and if a child engages in one of these activities and causes harm, they may be judged by the same legal standards as an adult. For example, driving is considered an adult activity. If a 16-year-old gets into a car accident and causes injuries, the court would likely hold them to the same standards of care that apply to an adult driver.
Similarly, operating heavy machinery, flying an airplane, or using firearms may also be considered adult activities. In these cases, the child may be held responsible as if they were an adult, regardless of their age.
Can You Sue a Child for Intentional Harm?
Intentional acts of harm—such as hitting someone, throwing objects at people, or bullying that leads to injury—are often treated differently by the courts. In most states, children can be sued for their intentional acts of harm, regardless of age. For instance, if a 12-year-old punches you and breaks your nose, they could be held liable for the injuries they caused.
However, the key factor in determining liability for intentional acts is whether the child understood what they were doing. If the child acted with malicious intent or understood that their actions would cause harm, they are more likely to be held responsible. Courts will examine the child’s mental and emotional maturity when determining if they had the intent to cause injury.
Parental Responsibility for a Child’s Actions
In many cases, suing a child for personal injury might not be practical. Children typically don’t have the financial means to pay for damages, and the legal system recognizes this. However, most states have parental responsibility laws that hold parents financially responsible for their children’s actions, especially in cases involving intentional harm.
How Parental Responsibility Laws Work
Most states impose limits on how much parents can be held financially responsible for their children’s actions. These limits, or caps, vary from state to state. For example, in Washington State, parents can be held liable for up to $5,000 in damages caused by their child’s intentional and malicious acts. However, parents are typically not liable for a child’s negligent actions unless the parents themselves were negligent in supervising the child.
Negligent Supervision
Even if state law does not hold parents liable for their child’s actions, they can still be sued for negligent supervision. This means that if the injury occurred because the parents failed to properly supervise their child, they may be found liable. For example, if a parent lets their child use a dangerous object like a knife or matches without proper supervision, and that child injures someone, the parent could be held responsible for failing to monitor their child appropriately.
Special Cases: Car Accidents Involving Minors
One of the most common scenarios where children cause personal injury is through car accidents. Many states have laws that hold parents responsible for damages caused by their underage children in car crashes. For example, in California, if a minor causes a car accident, the parents can be held financially liable for the injuries and property damage.
In some states, parents must sign for their child to obtain a driver’s license. This signature makes the parent liable for any harm the child causes while driving.
How Can You Collect Damages from a Child?
Even if you win a lawsuit against a child, collecting damages can be challenging. Children usually don’t have significant financial resources, so even if a judgment is entered in your favor, there may be no practical way to enforce it. However, you might be able to recover damages in a few ways:
- Insurance Policies: If the child’s actions are covered by an insurance policy—such as homeowner’s insurance—there may be funds available to compensate you for your injury. Many homeowner’s policies cover injuries caused by family members, including children, under certain circumstances.
- Parental Responsibility: As mentioned earlier, you may be able to recover damages from the child’s parents if they are held responsible under state parental responsibility laws.
Weighing the Costs and Benefits
Suing a child can be complicated and costly. Before you pursue a lawsuit, it’s essential to weigh the costs and benefits carefully. If the child has no assets or insurance coverage, it may not be worth the effort to sue, even if you have a strong case.
On the other hand, if the child’s actions caused serious harm and there are resources (such as insurance) to pay for damages, pursuing legal action may be worthwhile. It’s also important to consider whether others—such as parents, guardians, or supervisors—can be held responsible for their own negligence in allowing the child to cause harm.
Conclusion
Suing a child for personal injury is possible, but the legal process is more complex than suing an adult. Whether or not a child can be held liable for negligence or intentional harm depends on the child’s age, the nature of their actions, and state laws. Parental responsibility laws may provide an avenue for recovering damages, but often these laws cap the amount of compensation you can receive.
If you are considering suing a child for personal injury, it’s wise to consult with a personal injury attorney who can help you understand your legal options and guide you through the complexities of pursuing such a case.