Negligence and Child Conduct

Posted by Richard P. Hastings | Nov 12, 2011 | 0 Comments

An accident can totally disrupt and completely change any adult's life. The way in which you engage in your daily activities may be greatly altered and you unfortunately may be forced to endure a great deal of pain and in the end you might be left with a permanent disability that will cause you significant problems for the rest of your life. These tragic situations become magnified when they involve our children. It is heartbreaking to watch our children suffering, crying, and struggling with an injury caused by the fault of another.

Negligence is a very broad theory of the law, which is an allegation or accusation made about a person's conduct. Negligence law has developed over hundreds of years and is meant to provide judges and juries with a standard to judge a person's behavior that could be flexible enough so the rule could be applied to various individuals in a variety of circumstances.

The negligent party must also owe a duty to the injured party (i.e. to not hit their vehicle in their lane of traffic), must breach that duty (i.e. hit their vehicle in their lane of traffic), and the injured party's damages or injuries must result from this breach of duty.

An exception to the above rule involves the conduct of children.

Certain states hold that young children, generally speaking under 7 years of age, are incapable of negligence. Other states hold a child to the reasonable person standard of a child the same age, for example, an 8 year old might be judged by the ordinary standard of care a reasonable 8 year old. In certain instances, a minor child might be held to an adult standard if the child is engaging in an adult activity, such as operating a motor vehicle. In other situations, a third party might be strictly liable for a child's injury despite the fact that the third party did not act negligently.

Your child's injury case can completely overwhelm you. What should you do? What should you not do? Have you done anything to harm your case? How will this case be investigated? Download  a FREE copy of our book "The Crash Course On Child Injury Claims" so you can get all of your questions answered. For a free consultation call us today at 888-244-5480.

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.

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