| General liability rules vary from state to | | | | most cases. |
| state when minors are involved, but they do | | | | |
| tend to give children the same basic rights. | | | | If the child is very young though, usually |
| This is true both for accidents caused by | | | | below eight years old, it is generally |
| children and accidents resulting in the | | | | accepted that duty of care cannot apply to |
| injury of a child. | | | | them. Children at that age aren't likely able |
| | | | to determine what a careful action is and |
| If a child is injured (in any US state) they | | | | therefore can't be held liable for an |
| are given just as much right to compensation | | | | accident they cause. If your personal injury |
| as if they were an adult. All the same | | | | resulted from someone in this age group you |
| general liability rules apply to them as if | | | | can still try to hold their parents |
| it were an injury to an adult. The only real | | | | accountable for not controlling their |
| difference is that the minor will not likely | | | | children. |
| be paying the medical bills. So the parent or | | | | |
| guardian has their own right to seek a | | | | Liability can generally be placed on children |
| settlement for the medical expenses they paid | | | | that are older than that. To do this you have |
| on behalf of the child. | | | | to show that they were not as careful as most |
| | | | others in their age group would have been. |
| A child is also able to claim damages for | | | | Once a minor reaches the mid-teens they are |
| pain and suffering and is entitled to money | | | | almost always considered old enough to be |
| for lost future earnings (if it can be shown | | | | held liable. This is especially true once |
| the permanent injury will effect that). | | | | they begin driving. |
| | | | |
| Because the child will be unable to represent | | | | Unfortunately, no matter how negligent a |
| themselves in the negotiation process most | | | | minor is, they won't likely be insured. In a |
| states require a judge to approve the | | | | car accident scenario, they'll be insured |
| settlement (to make sure the child's best | | | | through their parents' policy and this is |
| interest are being looked after). | | | | where you'll seek damages from. In other |
| | | | accidents you can often go through the |
| Once you've agreed on the settlement amount | | | | parents' homeowners insurance because the |
| the insurance company will likely go out of | | | | child is likely a resident at that address. |
| their way to help you through the approval | | | | |
| process. It's in their interest as much as | | | | There are general liability rules in place |
| yours to make sure this approval goes off | | | | that let you go one step further. In most |
| without a hitch. If this isn't done properly | | | | states, if you can prove that the child |
| the child could, in theory, get a lawyer and | | | | displayed gross negligence in causing your |
| sue for more money at a later date. | | | | injury but there is no insurance to claim |
| | | | from, you can pursue a lawsuit directly |
| Children Causing Injuries: | | | | against the child. This will likely be a |
| | | | lengthy and complex legal battle so you'd |
| When the accident is caused by a child the | | | | want legal council and you would only want to |
| general liability rules become tricky. There | | | | do it when the damages are high. The result |
| are only a few defined ages when a person is | | | | of a win would be the minor having to pay you |
| old enough to be legally responsible for | | | | money once they turn eighteen and get a job. |
| something, so it becomes a judgment call in | | | | |