CALL TODAY FOR A FREE CONSULTATION

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

Call for a free consultation Request a free consultation

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.

Was the Bus Properly Maintained? Mechanical Failure Claims

When Neglected Maintenance Leads to Tragedy Buses transport thousands of Ohio residents daily—students, commuters, and travelers alike. Passengers trust that these large vehicles are inspected, maintained, and safe to operate.

Private vs. Public Bus Accidents: What’s the Difference in Legal Process?

Understanding the Two Types of Bus Accident Claims When a bus accident happens, one of the first and most important legal questions is who owns and operates the bus. Whether

Your Legal Rights After a Botched Colonoscopy

When Medical Errors Lead to Serious Complications A colonoscopy is meant to diagnose and prevent disease, not cause new harm. But when performed incorrectly, this routine medical test can leave

Perforation After Colonoscopy: A Sign of Negligence?

When a Routine Procedure Turns Dangerous A colonoscopy is one of the most common diagnostic tools in modern medicine — a routine procedure performed thousands of times each day across

Ohio Highways and the Rise of Commercial Truck Crashes

Why Truck Accidents Are Becoming More Common — and More Dangerous Ohio’s highways — from I-71 and I-77 to I-80 and I-90 — serve as major arteries for commercial trucking

How Federal Regulations Impact Your Truck Accident Lawsuit

Understanding the Rules That Govern the Trucking Industry When a semi-truck causes a serious crash, most victims don’t realize that the trucking company’s liability extends far beyond the driver’s actions.

Filing a Claim After a Catastrophic Medical Mistake

When “Human Error” Has Life-Altering Consequences Catastrophic medical mistakes can devastate patients and families. From amputations caused by surgical errors to brain injuries from oxygen loss, these events often result

How Hospitals Fail Patients in High-Risk Situations

When Every Second Counts, Negligence Isn’t an Option Hospitals are meant to be places of healing and safety, especially for patients in high-risk situations — such as those undergoing emergency

Heart Disease Misdiagnosis: When Doctors Fail to Act

The Silent Killer That Doctors Overlook Heart disease remains the leading cause of death in the United States, and early detection is often the key to survival. Yet, thousands of

Cardiology Errors That Lead to Catastrophic Consequences

When the Heart Is Mishandled: The Hidden Dangers of Cardiology Negligence Cardiology is one of the most critical areas of medicine—where every second and every decision can mean the difference

More Posts