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