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