Personal Injury Cases Involving Minors: Can You Sue a Child?

Personal injury cases are a delicate matter to begin with, but what happens if your injury was caused by a child? If you have been injured in an accident caused by a minor, you may have a valid case against their parent or guardian.

Typically, in order to successfully sue a child’s parent or guardian for their actions, it comes down to a few different things:

• The child’s age
• Type of act
• If the injury was deliberate or accidental

Before suing a minor in Ohio, a personal injury attorney can review your case and determine if it would be worth filing a claim. There are a lot of factors at play in a personal injury case that involves a minor. An attorney with experience in these types of situations can help you navigate Ohio state laws and explain factors that may influence your eligibility to file a claim and recover damages.

What’s the Difference Between Negligent and Intentional Acts?

Most personal injury cases, except for those based on strict liability standards, involve negligent or intentional acts . In a case involving a minor, whether the act was intentional or accidental can play a role in the ultimate determination of your ability to take legal steps against the family.

Negligent actions are often a result of carelessness or, in a child’s case, inexperience. Negligence is typically measured by what any reasonable person would do in a given situation to prevent harming someone else. Depending on their age, children may not understand the consequences of their actions — making it difficult to prove negligence in the traditional sense.

Intentional actions are usually done for a reason or on purpose. In most personal injury cases, you should be able to sue if you can prove an injury was caused by an intentional act. However, this often differs in cases where a minor is at fault because their age can impact their perceived decision-making faculties and legal autonomy.

When Can a Child Be Held Responsible for Negligence?

Every state has its own rules and regulations when it comes to personal injury lawsuits involving minors. In the state of Ohio, a child is held to the same standards as an adult once they reach the age of 14. At 14 years old, minors are considered to be capable of negligence, which can enable you to file a claim and eventually sue.

In Ohio, a child is considered legally incapable of negligence if they are under the age of seven because they do not have the experience nor the cognitive development required to understand the potential repercussions of their actions.

Children ages seven to 14 are presumed incapable of negligence — giving them the benefit of the doubt that their actions could be considered negligent. However, if there is enough evidence to demonstrate that their actions were intentional, then a child between seven and 14 could be held liable.

Are Parents Held Liable for Their Child’s Actions?

Parental responsibility laws vary state by state but oftentimes parents may find themselves financially responsible for their child's actions, including property damage or injuries.

If a child willfully and intentionally injures someone else in the state of Ohio, their parents will be liable for the person's injuries up to $10,000 plus court costs. This parental responsibility law does not apply to accidents caused by a minor.

If an Ohio minor with a valid driver’s license or permit causes an accident due to negligent driving, the minor and the adult who signed their driver’s license or permit application will become liable. However, the financial responsibility for the damages will legally fall on the adult or the adult’s insurance.

Speak With an Ohio Personal Injury Attorney Today

Whether you have been involved in an accident caused by a minor or your child was injured by an assault perpetrated by another minor, consider investing in professional legal services.

At the Buckeye Law Group Inc., we are committed to being open and transparent about your case. We will provide competent, aggressive representation against a minor and their family if they caused your injury.

Request a free personal injury consultation today by calling 1-800-411-PAIN.