As an adult, you expect to be sued if your negligence results in injuries to another person. What about if it's your child who was negligent? In this case, there is no single answer; your child may or may not be held liable for their actions depending on numerous factors. Some of the basic factors the court will use to make this decision include these three:

Age

Nearly every court will agree that children below the age of four should not be held liable for their actions. This is because such minors do not have a proper understanding of right and wrong and therefore cannot be said to be negligent. Therefore, a three-year-old that runs across the road and causes an auto accident will not be held liable for the ensuing damages.

Injuries caused by children above the age of four are handled on a case-by-case basis. In general, the older a child is, the more likely they are to be held liable for their action. This is why teenagers are almost always held liable for the injuries they cause.

Nature of the Activity

The nature of the act that caused the damages also determines whether the child can be sued. As a general rule, a child isn't expected to behave like an adult or engage in adult activities. A child who causes an injury while engaged in children's activities may not be held liable for the ensuing damages. However, a child engaged in adult activities may be held liable for the injuries they cause because they were behaving like adults.

For example, children love to play, and they don't always clean after themselves or keep their toys after play. Therefore, a child may forget a toy on the floor, which may cause another person to slip and fall. In such a case, the injury victim may find it difficult to sue and recover damages from the child. However, riding a snowmobile is an adult activity, and any child who engages in it assumes an adult's responsibility. Therefore, a minor who rides and causes a snowmobile accident may be held liable for the damages.

The fact that your child cannot be sued doesn't mean that your family will escape the unscathed. The legal principle of parental liability holds parents responsible for their children's actions. In most jurisdictions, parental liability applies for children aged at least eight years. Therefore, you can easily be sued if your 10-year old child causes an accident and injures another person.

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