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You probably would not consider that a child may be sued when you think about a lawsuit. But yes, it is possible to sue a child in some situations. Though it sounds surprising, but specific rules and factors decide whether it is even possible. Let us make it a little understandable without using difficult legal terminologies.
Can a Child Be Held Responsible for Their Actions?
A child can generally be liable for causing injury to another and may also be responsible for damaging property. But since children aren’t as mature as adults, the law gives them some leeway. A child’s age and the nature of the act they committed are important parts of determining whether they can be sued.
The Age Factor
The younger the child, the less he or she is considered to be legally responsible. Here’s how it usually works:
- Children under 4 years old: Most courts will not hold children under this age liable. They are still too young to understand what they’re doing, and parents are usually held responsible for their activities.
- Children between 4 and 14 years: Things are a little more complicated in this category. Courts often assume that children of these ages do not know the consequences of their behaviors, although this can change depending on the situation. If the child’s behavior was similar to what other kids their age would do, they may not be held responsible. But a lawsuit may proceed if it can be demonstrated that the child should have known better.
- Teenagers (14-17): As teenagers move closer to adulthood, it is possible that courts may treat them more like adults and show them less leniency. They can still have some protections, yet they are more prone to be accountable if they hurt someone or cause damage.
- Emancipated Minors: If a minor is legally emancipated, the court will treat them like an adult. This means they are fully responsible for their actions and must handle any financial consequences if they lose a lawsuit.
What if the Child Acts Intentionally?
Not all actions are accidents. It is a different scenario when a child actually intends to hurt someone. A child could be playing a prank by throwing a rock at something, but if they aim at someone and hurt them, the law may consider this an intentional act, like battery. In these cases, the child can face more serious consequences, even if he/she is young.
Courts generally allow cases for intentional acts, regardless of the child’s age, such as intentionally destroying another’s property or physically hurting another person on purpose.
Can Parents Be Sued for What Their Child Does?
In some cases, parents can often be held legally responsible for their children’s behavior; this is called parental responsibility, and all states have laws regarding this issue. For example, if a child damages property or hurts someone, the parents might have to pay for those damages or losses, even if they didn’t personally do anything wrong.
How Much Can Parents Be Held Responsible For?
There is a limit to how much parents can be held responsible for their children’s actions. While each state has specific regulations, many have implemented a legal limit on how much money parents can be forced to pay. For example, in certain states, parents would be liable only up to a few thousand dollars in case of damages. If it crosses the limit, the injured person might be out of luck unless he finds some other way to get compensation.
However, if parents are sufficiently negligent in supervising their children, direct charges can be filed against them. This is especially true when the child engages in certain dangerous activities such as driving a car without permission.
What about the lawsuits against accidents?
When kids accidentally hurt someone or cause damage, it’s considered negligence. Negligence means the child didn’t act as carefully as they should have and injury resulted as a consequence.
Can Young Children be Negligent?
In some states, young children are considered too young to be negligent. Perhaps the courts will presume that kids under seven years old don’t really know how to be careful. If a child that young is involved in causing an accident, it may be impossible to sue them. However, this is not the case in every state. Some will allow a lawsuit if a child should have reasonably known better.
For older children, courts use a different standard. The child’s actions are compared to the actions of other children of the same age. In other words, in the case of an accident caused by an 11-year-old, the court will ask whether other 11-year-old children in the same situation would have acted differently. If the answer is yes, the child may be held liable.
Special Rules for Certain Activities
Some activities are considered “adult” activities and children who participate in them may be held to adult standards, such as driving a car. If a teenager causes a car accident, they may be treated like any other adult driver in court. That is, they can be sued for negligence, where their conduct is held to the standard of a reasonable prudent adult in the same or similar circumstances.
What If the Child Has No Money?
It would be a complete waste of time to sue the child because they probably don’t have anything to their name. In most cases, it is true that children do not have the money to pay for such damages. It is also for this reason that most people sue their parents. The parents might have some insurance, like homeowner’s insurance, to pay for the damage their child caused.
Sometimes, homeowner’s insurance can apply when an accident occurs off the premises, such as when a child causes an injury to another at a play park. Third-party insurance coverage means that, in most instances, the plaintiff will receive compensation, even when the minor does not have money.
Should You Hire an Attorney?
If a child injures someone or damages property, legal representation is recommended. Minors cannot defend themselves in court, and they need a lawyer to facilitate communication in the court of law. Sometimes, the court will appoint a guardian ad litem, a special lawyer who represents the child’s best interests during the case.
If you have been injured by a child, you should also consult with a lawyer to understand your options. You may be entitled to sue the child, or perhaps his or her parents, or even a person who was responsible for supervising the child at the time. However, every state has different laws, and your next best step will depend on the laws in your state.
Final Thoughts
It is indeed a rare situation when a child is sued; however, under the right circumstances, it is more than likely. The law takes into account factors such as age and maturity if the child is negligent or acts intentionally. Parents generally bear the brunt of the consequences if their child commits a crime; however, there are limits to parental liability.
Finally, if you are dealing with such cases, it is worth consulting with a lawyer to determine which option to pursue. Just remember that every situation is different and the result will depend on the details of the case.
