Can You Sue a Child for a Personal Injury in Massachusetts?

Can You Sue a Child for a Personal Injury in Massachusetts?

It should come as no surprise that children are fully capable of causing other people to suffer injuries. After all, these individuals often act in a reckless manner with little thought for the consequences of their actions. They have a lot to learn, and sometimes their mistakes can be
costly for other people. While many people might dismiss these mistakes as part of the “learning process,” others may not be so quick to forget. These individuals may have suffered serious injuries due to a minor’s actions.

If you are wondering whether or not you can sue a child for a personal injury in Massachusetts, it makes sense to consult with an experienced, qualified personal injury attorney as soon as possible. These legal professionals can help you take action in the most efficient manner, regardless of who is at fault for your injuries. With an expert by your side, it becomes much easier to seek an adequate, fair compensation amount to cover your injuries, missed wages, pain and suffering, and more.

Are Minors Liable?

The question of whether or not minors can be liable is difficult to answer. Generally speaking, there is a strong belief in the legal community that a child is too young to know the difference between right and wrong, making them effectively immune from legal action in court. However, this also depends on the age of the child. The older a child is, the more responsibility they are expected to take for their own actions. A child who is 4 or 5 cannot realistically be expected to hold a duty of care for anyone. However, once you get into the area of about 14 years and older, the argument of their potential liability becomes more convincing in court.

That being said, even if a child is considered old enough to be liable or negligent, they are rarely held to the same standard as adults. The general rule of thumb is pretty straightforward: For a child to be considered negligent, the plaintiff must show that a “reasonable” child of the same age. For example, a reasonable 16-year-old would not steal a car and crash it into a crowd of people while intoxicated. In that same example, the child would likely be seen as an adult by the court, since driving a car is an “adult activity.”

Holding Parents Liable

You can also hold parents liable for the negligence of their children. Negligent supervision, or the “parental responsibility law,” allows you to do this. In addition, suing parents is often the best choice, since children generally have no assets with which to cover your damages.

Enlist the Help of a Qualified Attorney Today

No matter who has caused your injury, you are entitled to consider your options for legal actions. You may have significant medical bills to pay, and you may have missed long periods of time from work due to your injuries. If you have been searching for a way to gain meaningful
compensation, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We can guide you through the entire legal process and ensure that justice is served. Call our offices now for a free, initial consultation. 413-732-8356